Clevenger v Yuzek
Motion No: 2018-09977
Slip Opinion No: 2019 NY Slip Op 72733(U)
Decided on June 14, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M263476

E/sl

JOHN M. LEVENTHAL, J.P.

JOSEPH J. MALTESE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-09977

Ty Clevenger, appellant,

v Dean G. Yuzek, et al., respondents.

(Index No. 518372/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated July 3, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, and to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g).

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and the time to perfect the appeal is extended until July 15, 2019; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court