Robert Matthews v Anna Marie Waters
Motion No: 2019-00794 ORC
Slip Opinion No: 2020 NY Slip Op 63053(U)
Decided on February 13, 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

2019-794 OR C
Robert Matthews, Appellant, v Anna Marie Waters, Respondent.

Motion by appellant to vacate an order of this court dated December 9, 2019, which dismissed an appeal from a judgment of the City Court of Newburgh, Orange County, entered December 10, 2018.

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 and the order dated December 9, 2019 is vacated, and the appeal shall be perfected by March 2, 2020; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 2, 2020, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss on three days' notice and may serve the application upon appellant in person.

ENTER:

Paul Kenny

Chief Clerk