Rosato v Avalos
Motion No: 2023-00813
Slip Opinion No: 2025 NY Slip Op 80591(U)
Decided on November 14, 2025
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M309358

AFA/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

SUSAN QUIRK, JJ.

2023-00813

Patrick Rosato, etc., respondent,

v Jeanne Rosato Avalos, etc., appellant.

(Index No. 61260/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 6, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and, in effect, to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DUFFY, J.P., DOWLING, WARHIT and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court