| Jeffrey Sommers v Jean Gutierrez |
| Motion No: 2020-00225 DC |
| Slip Opinion No: 2020 NY Slip Op 70987(U) |
| Decided on August 4, 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
| Jeffrey Sommers, Appellant, v Jean Gutierrez, Respondent. |
Motion by appellant to vacate the dismissal on an appeal from a judgment of the Justice Court of the Town of Beekman, Dutchess County, entered September 10, 2019.
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 of Dismissal dated June 15, 2020 is hereby vacated on condition that the appeal be perfected on or before August 28, 2020; and it is further
ORDERED that in the event the appeal is not perfected by August 28, 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