| Department of Hous. Preserv. & Dev., Petitioner-respondent v Kenneth Banks |
| Motion No: 2025-01350 KC |
| Slip Opinion No: 2026 NY Slip Op 62041(U) |
| Decided on January 28, 2026 |
| 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 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Department of Housing Preservation and Development, Petitioner-Respondent, v Kenneth Banks, Appellant, Seyed A. Moussavi and 22 Hawthorne Street, LLC, Respondents. |
Motion by appellant to vacate an order of this court dated September 22, 2025, which dismissed an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered February 9, 2024.
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, the order dated September 22, 2025 is vacated, and the appeal shall be perfected on or before February 4, 2026; and it is further,
ORDERED that in the event the appeal is not perfected by February 4, 2026, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may, if appellant is unrepresented, serve such motion upon appellant in person.
ENTER:
Jennifer Chan
Chief Clerk