Obi Daniel v C & Y Masonry, LLC
Motion No: 2023-01055 RIC
Slip Opinion No: 2025 NY Slip Op 61780(U)
Decided on January 21, 2025
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

WAVNY TOUSSAINT, P.J.

MARINA CORA MUNDY, J.

DECISION & ORDER ON MOTION

2023-1055 RI C
Obi Daniel, Appellant, v C & Y Masonry, LLC, Respondent.

Motion by appellant to vacate an order of this court dated May 20, 2024, which dismissed an appeal from a decision of the Civil Court of the City of New York, Richmond County, dated June 5, 2023.

Upon the papers filed in support of motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, the order dated May 20, 2024 is vacated, and the appeal shall be perfected on or before March 19, 2025; and it is further,

ORDERED that in the event the appeal is not perfected by March 19, 2025, 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