| Nung Ja Suh v New York Racing Association, Inc. |
| Motion No: 2007-00882 |
| Slip Opinion No: 2008 NYSlipOp 86851(U) |
| Decided on October 21, 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
M77413
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2007-00882 Nung Ja Suh, respondent, v New York Racing Association, Inc., appellant, et al., defendant. (Index No. 26039/04)
| DECISION & ORDER ON MOTION |
Appeal by New York Racing Association, Inc., from an order of the Supreme Court, Queens County, dated December 12, 2006. By decision and order on motion entitled "In the Matter of Dismissal of Causes for Failure to Perfect - October 2007 Calendar", dated November 5, 2007, the above-entitled appeal was dismissed.
Now, on the court's own motion, it is
ORDERED that so much of the decision and order on motion dated November 5, 2007, 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 December 19, 2008, 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., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court