| Capital Equity Mgt., LLC v John Bailey |
| Motion No: 2017-00317 KC |
| Slip Opinion No: 2019 NY Slip Op 78599(U) |
| Decided on August 22, 2019 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Capital Equity Management, LLC, Appellant, v John Bailey, Respondent. |
Motion by appellant to vacate a decision and order on motion of this court dated March 27, 2019, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 31, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, the decision and order on motion of this court dated March 27, 2019 is vacated, and the appeal shall be perfected by November 1, 2019; and it is further,
ORDERED that in the event the above condition is not met, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk