| Phillip Denning v Jospeh Netrda & Diana Netrda |
| Motion No: 2022-00398 WC |
| Slip Opinion No: 2023 NY Slip Op 67490(U) |
| Decided on May 22, 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
ELIZABETH H. EMERSON, J.P.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| Phillip Denning, Appellant, v Jospeh Netrda and Diana Netrda, Respondents. |
Motion by appellant to vacate an order of this court dated December 12, 2022, which dismissed an appeal from a judgment of the City Court of Yonkers, Westchester County, entered May 18, 2022, and for an extension of time to perfect.
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 setting forth a potentially meritorious appeal on or before June 15, 2023.
ENTER:
Paul Kenny
Chief Clerk