| Washington Mutual Bank v Holt |
| Motion No: 2012-00756 |
| Slip Opinion No: 2012 NY Slip Op 92098(U) |
| Decided on November 30, 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
M147365
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2012-00756 Washington Mutual Bank, respondent, v Oscar Holt, III, appellant, et al., defendants. (Index No. 10439/08)
| 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 - August 2012 Calendar," dated September 6, 2012, as dismissed an appeal from an order of the Supreme Court, Queens County, dated December 8, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the appeal, is recalled and vacated and the appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until February 28, 2013, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court