| Matter of Welch v Welch |
| Motion No: 2010-08501 |
| Slip Opinion No: 2011 NY Slip Op 88862(U) |
| Decided on November 3, 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
M128413
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2010-08501 In the Matter of Aaron Welch, respondent, v Shannon Welch, appellant. (Docket No. V-06401-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated April 20, 2011, which dismissed an appeal from an order of the Family Court, Orange County, dated August 11, 2010, for failure to timely perfect, 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 April 20, 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 her brief on the appeal is enlarged until December 19, 2011; and it is further,
ORDERED that no further enlargement of time shall be granted.
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court