| Matter of McCormick v McCormick |
| Motion No: 2010-09862 |
| Slip Opinion No: 2011 NY Slip Op 81626(U) |
| Decided on August 19, 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
M124734
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-09862 In the Matter of Jill McCormick, appellant, v Jeffrey McCormick, respondent. (Docket No. F-1161-09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated April 28, 2011, which dismissed an appeal from an order of the Family Court, Orange County, dated August 31, 2010, for failure to comply with the decision and order on motion of this Court dated March 16, 2011 (see 22 NYCRR 670.4[a]), to reinstate the appeal, to waive the filing fee, for free transcripts, and for the assignment of counsel.
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 the decision and order dated April 28, 2011, and to reinstate the appeal are granted, and the decision and order on motion of this court dated April 28, 2011, is recalled and vacated; and it is further,
ORDERED that the appellant's time to comply with the decision and order on motion of this Court dated March 16, 2011, is extended until September 19, 2011; and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court