| William T. Finke v Catherine Fiore |
| Motion No: 2022-00234 WC |
| Slip Opinion No: 2023 NY Slip Op 69026(U) |
| Decided on June 9, 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.
ELIZABETH H. EMERSON
JAMES P. McCORMACK, JJ.
DECISION & ORDER ON MOTION
| William T. Finke, Respondent, v Catherine Fiore, Appellant. |
Motion by appellant to vacate an order of this court dated March 13, 2023, which dismissed an appeal from an order of the Justice Court of the Town of Lewisboro, Westchester County, dated March 10, 2022, to continue a stay granted by decision and order on motion of this court dated June 21, 2022 and continued by decision and order on motion of this court dated January 23, 2023, 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 thereto, it is
ORDERED that the motion is granted on condition appellant perfect the appeal on or before July 10, 2023; and it is further,
ORDERED that in the event the appeal is not perfected by July 10, 2023, the court, on its own motion, may dismiss the appeal or vacate the stay, or respondent may move, on three days' notice, to dismiss the appeal or vacate the stay, and may serve such application upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk