| Whb Lilac, LLC v Ian Mccarthy & Rachel Mccarthy |
| Motion No: 2022-00481 SC |
| Slip Opinion No: 2023 NY Slip Op 75819(U) |
| Decided on October 25, 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
TIMOTHY S. DRISCOLL, J.P.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| WHB Lilac, LLC, Respondent, v Ian McCarthy and Rachel McCarthy, Appellants. |
Motion by appellants to vacate an order of this court dated April 10, 2023, which dismissed an appeal from a judgment of the Justice Court of the Village of Westhampton Beach, Suffolk County, entered May 11, 2022, and to enlarge 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 to vacate dismissal is granted; and it is further,
ORDERED that appellants' time to perfect the appeal is extended to December 4, 2023; and it is further,
ORDERED that in the event the appeal is not perfected by December 4, 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 appellants in person.
ENTER:
Paul Kenny
Chief Clerk