| Barnett v Diamond Finance Co., Inc. |
| Motion No: 2018-00053 |
| Slip Opinion No: 2019 NY Slip Op 74132(U) |
| Decided on July 1, 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
M264090
F/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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 28, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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; and it is further,
ORDERED that on the Court's own motion, the time for the respondent to serve and file a brief is extended until July 31, 2019, and the respondent's brief shall be served and filed on or before that date.
AUSTIN, J.P., LEVENTHAL, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court