| Comizio v Comizio |
| Motion No: 2011-08993 |
| Slip Opinion No: 2012 NY Slip Op 63202(U) |
| Decided on February 3, 2012 |
| 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
M132683
S/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
vPETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2011-08993 Joseph Comizio, appellant, v Laurie Comizio, respondent. (Index No. 6599/02)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated January 9, 2012, in the above-entitled appeal is recalled and vacated and the following is substituted therefor:
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated April 13, 2011.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is denied without prejudice to making a motion for the same relief based on the decision and order on motion of this Court dated December 1, 2011, which granted a stay on condition that the appeal was perfected by December 30, 2011.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court