| Avi M. Koschitzki v Petina Moving & Stor., Inc. |
| Motion No: 2022-00166 NC |
| Slip Opinion No: 2022 NY Slip Op 70192(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 Petina Moving and Storage, Inc., Respondent. |
On the court's own motion, the decision and order on motion of this court dated June 21, 2022, which determined a motion by appellant for leave to prosecute an appeal from a judgment of the District Court of Nassau County, Second District, entered January 28, 2022, as a poor person, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by appellant for leave to prosecute an appeal from a judgment of the District Court of Nassau County, Second District, entered January 28, 2022, as a poor person.
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 it is further,
ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant to prosecute the appeal; and it is further,
ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon the argument or submission of the appeal. The minutes shall be settled in accordance with Uniform District Court Act 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED on the court's own motion, that appellant's time to perfect the appeal is hereby extended, and the appeal shall be perfected 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.
ENTER:
Paul Kenny
Chief Clerk