| Crown Waterproofing, Inc. v Tadco Construction Corp. |
| Motion No: 2010-10263 |
| Slip Opinion No: 2011 NY Slip Op 88360(U) |
| Decided on October 28, 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
M127995
S/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-10263 Crown Waterproofing, Inc., respondent, v Tadco Construction Corp., appellant. (Index No. 08-2193)
| 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 29, 2011, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2011 Calendar," as dismissed an appeal from an order of the Supreme Court, Westchester County, dated August 23, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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 it is further,
ORDERED that so much of the decision and order on motion of this Court dated July 29, 2011, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until December 12, 2011, and the record or appendix 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.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court