| Semerjian v Byer-White |
| Motion No: 2009-11682 |
| Slip Opinion No: 2010 NY Slip Op 81476(U) |
| Decided on September 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
M107945
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
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2009-11682, 2010-00972 George G. Semerjian, et al., appellants, v Marta Byer-White, et al., respondents. (Index No. 45555-08)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, 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 2010 Calendar," dated August 4, 2010, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated September 25, 2009 (Appellate Division Docket No. 2009-11682), 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 that appeal as well as an appeal from a judgment of the same court entered December 23, 2009 (Appellate Division Docket No. 2010-00972).
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 branches of the motion which are to recall and vacate so much of the decision and order on motion dated August 4, 2010, as dismissed the appeal from the order dated September 25, 2009 (Appellate Division Docket No. 2009-11682), to reinstate the appeal, and to enlarge the time to perfect that appeal as well as an appeal from a judgment of the same court entered December 23, 2009 (Appellate Division Docket No. 2010-00972), are granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated August 4, 2010, as dismissed the appeal from the order dated September 25, 2009 (Appellate Division Docket No. 2009-11682), is recalled and vacated; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until September 17, 2010, and the record on appendix on appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., DICKERSON, ENG, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court