| Rosenzweig v Gubner |
| Motion No: 2018-12218 |
| Slip Opinion No: 2019 NY Slip Op 78305(U) |
| Decided on August 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
M265530
J/sl
ALAN D. SCHEINKMAN, P.J.
BETSY BARROS
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2018-12218 Joel Rosenzweig, et al., appellants, v Simon Gubner, etc., et al., respondents. (Index No. 522766/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants pursuant to 22 NYCRR 1250.1(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated September 26, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal.
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 motion is granted to the extent that the dismissal of the appeal from the order dated September 26, 2018, is vacated on condition that the appeal is perfected on or before September 30, 2019, the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date, and the motion is otherwise denied.
SCHEINKMAN, P.J., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court