| Avi M. Koschitzki v Apple, Inc. & Fedex Corp. |
| Motion No: 2021-00783 NC |
| Slip Opinion No: 2023 NY Slip Op 64682(U) |
| Decided on April 5, 2023 |
| 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.
JAMES P. McCORMACK
GRETCHEN WALSH, 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 December 12, 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 to vacate dismissal is denied with leave to renew upon the filing of an affidavit by appellant, setting forth a potentially meritorious appeal, on or before April 28, 2023.
ENTER:
Paul Kenny
Chief Clerk