| Avissato v McDaniel |
| Motion No: 2018-12814 |
| Slip Opinion No: 2019 NY Slip Op 80889(U) |
| Decided on September 30, 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
M266176
kbp/
ALAN D. SCHEINKMAN, P.J.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
VALERIE BRATHWAITE NELSON, JJ.
|
2018-12814 Nicholas C. Avissato, respondent, v Andrew McDaniel, et al., appellants. (Index No. 100144/15)
| 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, Richmond County, dated August 28, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHEINKMAN, P.J., RIVERA, CHAMBERS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court