Stathakis v Stark Fish, Inc.
Motion No: 2018-05716
Slip Opinion No: 2019 NY Slip Op 80802(U)
Decided on October 2, 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

M266290

kbp/

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-05716

Emmanouil Stathakis, etc., appellant,

v Stark Fish, Inc., et al., respondents.

(Index No. 701505/16)

DECISION & ORDER ON MOTION

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, Queens County, entered March 26, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, and pursuant to CPLR 5520 to deem the notice of appeal from the order entered March 26, 2018, to be a notice of appeal from a corrected order of the same Court entered June 27, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SCHEINKMAN, P.J., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court