| Avi M. Koschitzki v Apple, Inc. & Fedex Corp. |
| Motion No: 2021-00783 NC |
| Slip Opinion No: 2022 NY Slip Op 70189(U) |
| Decided on August 12, 2022 |
| 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
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| Avi M. Koschitzki, Appellant, v Apple, Inc. and FedEx Corp., Respondents. |
Motion by appellant to vacate an order of this court dated June 13, 2022, which dismissed an appeal from a judgment of the District Court of Nassau County, Second District, entered October 18, 2021.
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 on condition appellant perfects the appeal on or before December 9, 2022; and it is further,
ORDERED that in the event the appeal is not perfected by December 9, 2022, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk