| Matter of Perez v Wing |
| Motion No: 2005-00926 |
| Slip Opinion No: 2006 NYSlipOp 67916(U) |
| Decided on May 1, 2006 |
| 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
M39086
S/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00926
In the Matter of Carmen Perez, appellant, v Brian J. Wing, et al., respondents. (Index No. 3054/02)
| DECISION & ORDER ON APPLICATION |
Application by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this court dated February 10, 2006, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - January 2006 Calendar", as dismissed an appeal from an order of the Supreme Court, Weschester County, dated November 29, 2004, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that the application is granted, so much of the decision and order on motion of this court dated February 10, 2006, as dismissed the above-entitled appeal is recalled and vacated and the appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until July 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court