Subhagaie Ramlochan, -respondent v Deighton Hobbs, City of New York, Rocco Agostino Landscape & G.C. Corp., Heavy Constr. Co., Inc., J. Pizzirusso Landscaping Corp., Triumph Constr. Corp., & Power Concrete Co., Inc.
Motion No: 2020-00254 QC
Slip Opinion No: 2020 NY Slip Op 74013(U)
Decided on October 27, 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 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

DAVID ELLIOT

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

2020-254 Q C
Subhagaie Ramlochan, Plaintiff-Respondent, v Deighton Hobbs, The City of New York, Rocco Agostino Landscape & G.C. Corp., Heavy Construction Co., Inc., J. Pizzirusso Landscaping Corp., Triumph Construction Corp., and Power Concrete Co., Inc., Defendants-Respondents, and Keyspan Energy Delivery N.Y.C., Defendant-Appellant.

Motion by appellant to vacate the order of this court dated September 21, 2020, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 31, 2019 and for an enlargement of 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 and the order of dismissal dated September 21, 2020 is hereby vacated on condition that the appeal be perfected on or before November 30, 2020; and it is further,

ORDERED that in the event the appeal is not perfected by November 30, 2020, the court, on its own motion, may dismiss the appeal, or the respondent may move to dismiss the appeal on three days' notice and may serve the appellant in person.

ENTER:

Paul Kenny

Chief Clerk