| Matter of State of New York v A. (Anonymous) |
| Motion No: 2010-02543 |
| Slip Opinion No: 2011 NY Slip Op 60229(U) |
| Decided on January 5, 2011 |
| 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
M112877
J/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-02543
In the Matter of State of New York, appellant, v Odell A. (Anonymous), respondent. (Index No. 8378/08)
| DECISION & ORDER ON APPLICATION |
Application by the appellant, in effect, to recall and vacate so much of a decision and order on motion entitled "In the Matter of Dismissal of Causes for Failure to Perfect - November 2010" Calendar, dated December 1, 2010, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered March 3, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect and to reinstate the appeal, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted, and it is further,
ORDERED that so much of a decision and order on motion entitled "In the Matter of Dismissal of Causes for Failure to Perfect - November 2010" Calendar, dated December 1, 2010, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered March 3, 2010, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 31, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., DICKERSON, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court