McLean v Heller & Heller Attorneys at Law
Motion No: 2018-10400
Slip Opinion No: 2020 NY Slip Op 71391(U)
Decided on September 9, 2020
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

M272881

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-10400

Alice McLean, respondent, v Heller &

Heller Attorneys at Law, et al., appellants.

(Index No. 56392/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated July 23, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal. Cross motion by the respondent to impose a sanction upon the appellants and their counsel and to direct the appellants to post an undertaking if the motion is granted.

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

ORDERED that the motion and the cross motion are denied.

RIVERA, J.P., MALTESE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court