Rodriguez-Gruter v Fischetti
Motion No: 2021-05133
Slip Opinion No: 2022 NY Slip Op 62679(U)
Decided on March 9, 2022
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

M281788

MB/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2021-05133

Jessica Rodriguez-Gruter, et al., appellants,

v Pia Fischetti, respondent (and a third party action).

(Index No. 611340/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered May 14, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Faber & Troy, Esqs., inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, for leave to withdraw as counsel for the appellants, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to withdraw as counsel is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court