| Option One Mortgage Corporation v Berenholtz |
| Motion No: 2008-10026 |
| Slip Opinion No: 2009 NY Slip Op 88786(U) |
| Decided on November 17, 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
M94580
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
L. PRISCILLA HALL, JJ.
|
2008-10026 Option One Mortgage Corporation, respondent, v Gary Berenholtz, et al., appellants. (Ind. No. 11307/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 - July 2009 Calendar," dated July 31, 2009, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered August 26, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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 so much of the decision and order on motion of this court July 31, 2009, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until December 22, 2009, and the record or appendix on appeal and the appellants' 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.
RIVERA, J.P., FLORIO, MILLER and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court