| Mannix v Lisi's Towing Service, Inc. |
| Motion No: 2010-08910 |
| Slip Opinion No: 2011 NY Slip Op 67878(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
M117465
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2010-08910 Terrance Mannix, appellant, v Lisi's Towing Service, Inc., et al., respondents. (Index No. 06-24460)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated September 28, 2010, which dismissed an appeal by Terrance Mannix from a jury verdict of the Supreme Court, Westchester County, rendered July 12, 2008, and to deem the notice of appeal from the jury verdict to be a premature notice of appeal from a judgment of the same court entered August 31, 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; and it is further,
ORDERED that the decision and order on motion of this Court dated September 28, 2010, is recalled and vacated; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the jury verdict rendered July 12, 2008, is deemed to be a premature notice of appeal from the judgment entered August 31, 2010 (see CPLR 5520); and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until April 22, 2011, and the record on appeal and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court