| Barnett v Diamond Finance Co., Inc. |
| Motion No: 2018-00053 |
| Slip Opinion No: 2019 NY Slip Op 74107(U) |
| Decided on June 28, 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. |
Appellate Division: Second Judicial Department
M263929
E/mm
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2018-00053 Eugenie J. Barnett, respondent, v Diamond Finance Co., Inc., appellant. (Index No. 514544/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated October 20, 2017, and to extend the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is denied as academic in light of a decision and order on motion of this Court dated April 18, 2019; and it is further,
ORDERED that the respondent's cross motion is denied.
AUSTIN, J.P., LEVENTHAL, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court