Mid Suffolk Speech Pathology & Swallowing Disorder Servs. of L.I., P.C. v Zen Hoxha
Motion No: 2019-01247 SC
Slip Opinion No: 2020 NY Slip Op 61988(U)
Decided on January 24, 2020
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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2019-1247 S C
Mid Suffolk Speech Pathology & Swallowing Disorder Services of L.I., P.C., Respondent, v Zen Hoxha, Appellant, and Christina Hoxha, Defendant.

Motion by appellant to vacate an order of this court dated December 9, 2019, which dismissed an appeal from a judgment of the District Court of Suffolk County, Fifth District, entered May 15, 2019, for failure to perfect, and to enlarge the time to perfect the appeal.

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 order of this court dated December 9, 2019 is vacated and the appeal shall be perfected by April 3, 2020; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 3, 2020, 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