| Troche v Lieberman |
| Motion No: 2007-02788 |
| Slip Opinion No: 2008 NYSlipOp 62903(U) |
| Decided on February 6, 2008 |
| 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
M65808
E/sl
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2007-02788, 2007-08116 Veronica Troche, appellant, v Gregory M. Lieberman, etc., et al., respondents. (Index No. 7490/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2007 Calendar," dated November 5, 2007, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated February 14, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, to enlarge the time to perfect that appeal, in effect, to enlarge the time to perfect an appeal from an order of the same court entered August 3, 2007, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated November 5, 2007, as dismissed the appeal from the order dated February 14, 2007, to reinstate that appeal, and to enlarge the time to perfect the appeals are granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated November 5, 2007, as dismissed the appeal from the order dated February 14, 2007 (Appellate Division Docket No. 2007-02788), is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until March 18, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court