| People ex rel. Calloway v Ewald |
| Motion No: 2007-11368 |
| Slip Opinion No: 2008 NYSlipOp 81107(U) |
| Decided on August 22, 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
M74726
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2007-11368 The People ex rel. Earl Calloway, appellant, v Charles E. Ewald, etc., respondent. (Index No. 436-00)
|
Motion by the appellant, in effect, to recall and vacate an order on application of this court dated May 16, 2008, which granted the appellant's application for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 8, 2007, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated May 16, 2008, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 20, 2008, and the record on appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court