Appellate Division: Second Judicial Department

M127095

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-10230 In the Matter of Laurie J. Muller, appellant, v Robert J. Castagnola, respondent. (Docket No. O-10190/10)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated July 22, 2011, as dismissed an appeal from an order of the Family Court, Nassau County, dated October 19, 2010, for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, and for the assignment of counsel.

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 branches of the motion which are to recall and vacate so much of the decision and order on motion dated July 22, 2011, as dismissed the appeal, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted, and so much of the decision and order on motion of this Court dated July 22, 2011, as dismissed the appeal, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until November 14, 2011, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied.

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.