| Rubin v Rubin |
| Motion No: 2012-03471 |
| Slip Opinion No: 2012 NY Slip Op 91182(U) |
| Decided on November 23, 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
M146961
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2012-03471 James B. Rubin, appellant, v Guadulupe Rubin, respondent. (Index No. 05-17008)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated September 19, 2012, which dismissed an appeal from an order of the Supreme Court, Westchester County, entered March 13, 2011, 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, the decision and order on motion of this Court dated September 19, 2012, is recalled and vacated, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until December 26, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court