| Mahon, Mahon, Kerins & O'Brien, LLC v Moskoff |
| Motion No: 2009-01452 |
| Slip Opinion No: 2010 NY Slip Op 68716(U) |
| Decided on April 16, 2010 |
| 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
M101278
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2009-01452 Mahon, Mahon, Kerins & O'Brien, LLC, respondent, v David Moskoff, etc., appellant, et al., defendants. (Index No. 6751/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 26, 2009, which granted the appellant's application to withdraw an appeal from an order of the Supreme Court, Nassau County, entered January 16, 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 August 26, 2009, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 18, 2010, and the record on appeal and the appellant's brief must be served and filed on or before that date.
FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court