Kraft v Kraft
Motion No: 2009-10649
Slip Opinion No: 2010 NY Slip Op 74788(U)
Decided on June 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104514

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-10649

Angela J. Kraft, respondent,

v Wayne D. Kraft, appellant.

(Index No. 03-23311)

DECISION & ORDER ON MOTION

Motion by the appellant to reinstate an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 2009, which was dismissed by a decision and order on motion of this court dated April 21, 2010.

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, the decision and order on motion of this court dated April 21, 2010, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that assigned counsel shall prosecute the appeal expeditiously in accordance with this court's scheduling orders (see 22 NYCRR 670.4[a]).

DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court