| T. and N. Properties, Inc. v Six Springs, Inc. |
| Motion No: 2018-10027 |
| Slip Opinion No: 2019 NY Slip Op 75982(U) |
| Decided on July 24, 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
M264712
E/sl
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2018-10027 T. and N. Properties, Inc., appellant, v Six Springs, Inc., et al., respondents. (Index No. 64853/15)
| DECISION & ORDER ON MOTION |
2019-03954
T. and N. Properties, Inc., appellant,
v Six Springs, Inc., et al., respondents.
(Index No. 64853/15)
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, Westchester County, dated August 7, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, and to consolidate that appeal with an appeal from a judgment of the same court entered March 15, 2019. Separate motion by Andrew J. Spinnell, LLC, for leave to withdraw as counsel for the appellant on the appeals.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the appellant's motion which is to vacate the dismissal of the appeal from the order dated August 7, 2018, is denied; and it is further,
ORDERED that the appellant's motion is otherwise denied as academic; and it is further,
ORDERED that the motion by Andrew J. Spinnell, LLC, for leave to withdraw as counsel for the appellant is granted as to the appeal from the judgment and is denied as unnecessary as to the appeal from the order dated August 7, 2018; and it is further,
ORDERED that on or before August 7, 2014, Andrew J. Spinnell, LLC, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion.
BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court