| HSBC Bank USA, National Association v Wider |
| Motion No: 2011-02720 |
| Slip Opinion No: 2012 NY Slip Op 68444(U) |
| Decided on March 27, 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
M135417
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2011-02720 HSBC Bank USA, National Association, etc., respondent, v Aaron Wider, appellant, et al., defendants. (Index No. 08-005391)
| 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 the Dismissal of Causes for Failure to Perfect - February 2012 Calendar", dated February 3, 2012, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated January 19, 2011, pursuant to 22 NYCRR 670.8(e) 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and so much of the decision and order on motion of this Court dated February 3, 2012, 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 April 30, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court