| Larson v Spennato |
| Motion No: 2009-09238 |
| Slip Opinion No: 2010 NY Slip Op 88132(U) |
| Decided on November 17, 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
M111104
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2009-09238, 2009-11004 Thomas Larson, et al., appellants, v Angelina Spennato, respondent. (Index No. 13601/04)
| 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 2010 Calendar," dated August 4, 2010, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered August 25, 2009 (Appellate Division Docket No. 2009-09238), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and for leave to withdraw the appeal, and to enlarge the time to perfect an appeal from a judgment of the same court entered October 7, 2009 (Appellate Division Docket No. 2009-11004). Cross motion by the respondent to direct the appellants to include certain exhibits in their appendix, in the event the appeal from the judgment is perfected.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, 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 dated August 4, 2010, as dismissed the appeal from the order entered August 25, 2009 (Appellate Division Docket No. 2009-09238), is recalled and vacated, and that appeal is deemed withdrawn; and it is further,
ORDERED that the appellant's time to perfect the appeal from the judgment entered October 7, 2009 (Appellate Division Docket No. 2009-11004), is enlarged until December 15, 2010, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court