| Etr, Inc., Doing Bus. As Empire Tax Reductions v Alberto Capone & Lina Capone |
| Motion No: 2022-00365 NC |
| Slip Opinion No: 2023 NY Slip Op 69032(U) |
| Decided on June 8, 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
| ETR, Inc., Doing Business as Empire Tax Reductions, Appellant, v Alberto Capone and Lina Capone, 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 April 18, 2022.
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 the order of dismissal is vacated on condition the appeal is perfected on or before August 11, 2023, and it is further,
ORDERED that in the event the appeal is not perfected by August 11, 2023, 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