Rodriguez v Diallo
Motion No: 2019-04554
Slip Opinion No: 2019 NY Slip Op 80232(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266068

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-04554

Rosaelia Rodriguez, et al., appellants,

v Thierno H. Diallo, respondent.

(Index No. 706545/14)

DECISION & ORDER ON MOTION

Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Queens County, dated September 12, 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, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellants' time to perfect the appeal is extended until October 24, 2019, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court