Matter of Gregoire v Golding
Motion No: 2011-05809
Slip Opinion No: 2012 NY Slip Op 64295(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

M133134

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-05809

In the Matter of Sabine Gregoire, respondent,

v Kevin Golding, appellant.

(Docket No. O-5221/09)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated November 9, 2011, which dismissed an appeal from an order of the Family Court, Kings County, dated May 23, 2011, for failure to comply with a scheduling order dated June 30, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), to reinstate the appeal, and, in effect, to enlarge the time to perfect the appeal.

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 motion is granted, the decision and order on motion of this Court dated November 9, 2011, is recalled and vacated, and the appellant's time to perfect the appeal is enlarged until April 16, 2012.

DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court