| Matter of McMorris v Suffolk County Department of Social S |
| Motion No: 2010-07419 |
| Slip Opinion No: 2011 NY Slip Op 70082(U) |
| Decided on April 14, 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
M118630
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2010-07419 In the Matter of Leon McMorris, appellant, v Suffolk County Department of Social Services on behalf of Wella Sellers, respondent. (Docket No. F-05860-10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated February 2, 2011, which dismissed an appeal from an order of the Family Court, Suffolk County, dated June 8, 2010, for failure to comply with the scheduling order dated October 20, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the decision and order on motion of this court dated February 2, 2011, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 13, 2011.
RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court