Matter of Gorman v Rice
Motion No: 2010-09970
Slip Opinion No: 2012 NY Slip Op 64294(U)
Decided on February 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M133308

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-09970

In the Matter of Catherine A. Gorman,

petitioner-respondent, v Kathleen M. Rice,

appellant, et al., respondent.

(Index No. 8279/10)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - April 2011 Calendar", dated April 26, 2011, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered August 25, 2010, 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 relation thereto, it is

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated April 26, 2011, as dismissed the appeal, is recalled and vacated, the appellant's time to perfect the appeal is enlarged until March 16, 2012, 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.

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court