| Indymac Bank v Richardson |
| Motion No: 2010-09795 |
| Slip Opinion No: 2011 NY Slip Op 67873(U) |
| Decided on March 23, 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
M117509
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2010-09795, 2010-09810 Indymac Bank, respondent, v Leacroft Richardson, appellant. (Index Nos. 08-6057, 08-18594)
| DECISION & ORDER ON MOTION |
Motion by the appellant, 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 - February 2011 Calendar," dated February 15, 2011, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered June 29, 2010, docketed under Appellate Division Docket No. 2010-09795, to reinstate that appeal, to enlarge the time to perfect appeals from that order, as well as another order of the same court also entered June 29, 2010, to stay his eviction from the subject premises pending hearing and determination of the appeals, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition 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 February 15, 2011, as dismissed the appeal from the order entered June 29, 2010, docketed under Appellate Division Docket No. 2010-09795, and to reinstate that appeal are granted, and so much of the decision and order on motion of this Court dated February 15, 2011, as dismissed the appeal from the order entered June 29, 2010, docketed under Appellate Division Docket No. 2010-09795, is recalled and vacated; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until May 31, 2011, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court