| Felix v Thomas R. Stachecki General Contracting, LLC |
| Motion No: 2012-00461 |
| Slip Opinion No: 2012 NY Slip Op 87507(U) |
| Decided on October 17, 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
M144992
E/sl
DANIEL D. ANGIOLILLO, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2012-00461, 2012-05134 David J. Felix, etc., respondent, v Thomas R. Stachecki General Contracting, LLC, et al., defendants, Corcoran Group, Inc., et al., appellants. (Index No. 31346/10)
| 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 - August 2012 Calendar," dated September 6, 2012, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated October 25, 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. 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 same court dated April 2, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 motion is granted, so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the appeal from the order dated October 25, 2011 (Appellate Division Docket No. 2012-00461), is recalled and vacated, the appellants' time to perfect that appeal is enlarged until December 17, 2012, and the record or appendix on the 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; and it is further,
ORDERED that the application is granted, the appellants' time to perfect the appeal from the order dated April 2, 2012 (Appellate Division Docket No. 2012-05134), is enlarged until December 17, 2012, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ANGIOLILLO, J.P., BALKIN, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court