| 470 S. Bway, LLC v Obiexu Botanica & Health Food Ctr. |
| Motion No: 2022-00937 WC |
| Slip Opinion No: 2024 NY Slip Op 69354(U) |
| Decided on May 31, 2024 |
| 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
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| 470 S. Bway, LLC, Respondent, v Obiexu Botanica & Health Food Center, Appellant. |
Motion by appellant to vacate an order of this court dated June 12, 2023, which dismissed an appeal from an order of the City Court of Yonkers, Westchester County, entered November 3, 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 on condition the appeal is perfected on or before July 17, 2024; and it is further,
ORDERED that in the event the appeal is not perfected by July 17, 2024, 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 the appellant in person.
ENTER:
Paul Kenny
Chief Clerk