| Matter of Carver v State of New York |
| Motion No: 2009-05414 |
| Slip Opinion No: 2010 NY Slip Op 73342(U) |
| Decided on June 3, 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
M103803
E/sl
STEVEN W. FISHER, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-05414 In the Matter of Walter E. Carver, appellant, v State of New York, et al., respondents. (Index No. 12355/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 - April 2010 Calendar," dated April 19, 2010, as dismissed an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated April 17, 2009, 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 no papers having been filed in opposition or in relation 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 April 19, 2010, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 14, 2010, 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., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court