| Sharon Forstaat & Harry Forstaat v Daniel M. Allen |
| Motion No: 2004-01702 nc |
| Slip Opinion No: 2006 NYSlipOp 74812(U) |
| Decided on August 4, 2006 |
| 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 : 9th and 10th JUDICIAL DISTRICTS
| SHARON FORSTAAT and HARRY FORSTAAT, Respondents, -against- DANIEL M. ALLEN, Appellant. |
DECISION
On this court's own motion, the order of this court, dated July 20, 2006, is recalled and the following substituted therefor:
Motion by respondents to vacate the order of this court dated March 29, 2006 and dismiss the appeal is denied. Respondents may serve and file a respondents' brief within 21 days of the date of the order hereon. Appellant, if he be so advised, may serve and file a reply brief within 14 days of the date that the respondents' brief is due to be filed pursuant to this order.
We note that the appeal was perfected for June 2, 2006. We further observe that the motion by appellant to vacate dismissal of the appeal which was granted by an order of this court dated March 29, 2006, contained a properly executed affidavit of service (see Engel v Lichterman, 62 NY2d 943, 944 [1984]; Smith v Lefrak Organization, 60 NY2d 828 [1983]; Strober King Bldg. Supply Ctrs. v Merkley, 266 AD2d 203, 203 [2d Dept 1999]).