| Matter of K. (Anonymous) v B. (Anonymous) |
| Motion No: 2007-09826 |
| Slip Opinion No: 2008 NYSlipOp 82819(U) |
| Decided on September 12, 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
M75635
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2007-09826 In the Matter of Philip K. (Anonymous), appellant, v Thervey B. (Anonymous), respondent. (Docket No. P-255-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 13, 2008, which dismissed an appeal from an order of the Family Court, Richmond County, dated June 15, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation or 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 August 13, 2008, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until September 26, 2008.
SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court