Emigrant Mortgage Company, Inc. v Beckerman
Motion No: 2011-03714
Slip Opinion No: 2012 NY Slip Op 69485(U)
Decided on April 5, 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

M135709

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2011-03714

Emigrant Mortgage Company, Inc., respondent,

v Ray Beckerman, et al., appellants, et al., defendants.

(Index No. 29523/07)

DECISION & ORDER ON MOTION

Motion by the appellants 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, Queens County, dated July 21, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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 so much of the decision and order on motion of this Court dated February 3, 2012, as dismissed the appeal, is recalled and vacated; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until June 4, 2012, and the record on appeal and the appellants' 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.

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court