| Caglione v Corbett |
| Motion No: 2022-08200 |
| Slip Opinion No: 2023 NY Slip Op 76279(U) |
| Decided on November 6, 2023 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M291767
AFA/
JOSEPH J. MALTESE, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
LAURENCE L. LOVE, JJ.
|
2022-08200 Frances Caglione, et al., respondents-appellants, v Mary Corbett, appellant-respondent. (Index No. 33193/2017)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from a decision of the Supreme Court, Rockland County, dated August 9, 2022, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross-motion by the respondents-appellants to dismiss the appeal on the ground that it lacks merit, or in the alternative, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the cross-appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion and the branch of the cross-motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and the cross-appeal are denied; and it is further,
ORDERED that the cross-motion is otherwise denied as academic.
MALTESE, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court