| Matter of Stopanio v Stopanio |
| Motion No: 2011-11502 |
| Slip Opinion No: 2012 NY Slip Op 88264(U) |
| Decided on October 22, 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
M145354
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-11502 In the Matter of Michael Stopanio, appellant, v Lynn Stopanio, respondent. (Docket Nos. V-2289-07/10D, V-2289-07/10E, V-2290-07/10E, V-2290-07/10F)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated July 24, 2012, which dismissed an appeal from an order of the Family Court, Suffolk County, dated November 21, 2011, for failure to comply with the scheduling order dated December 22, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the decision and order on motion of this Court dated July 24, 2012, is recalled and vacated, the appeal is reinstated, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 21, 2012.
DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court