| Matter of Balgley v Cohen |
| Motion No: 2009-02288 |
| Slip Opinion No: 2009 NY Slip Op 86343(U) |
| Decided on October 20, 2009 |
| 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
M93363
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2009-02288 In the Matter of Lynn F. Balgley, respondent, v Robert J. Cohen, appellant. (Docket No. V-04804-99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated July 28, 2009, which dismissed an appeal from an order of the Family Court, Westchester County, dated February 17, 2009, for failure to timely perfect the same in accordance with a decision and order on motion dated June 4, 2009, 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 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 July 28, 2009, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 20, 2009, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court