| Matter of State of New York v McD. (Anonymous) |
| Motion No: 2011-07539 |
| Slip Opinion No: 2012 NY Slip Op 93094(U) |
| Decided on December 7, 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
M147847
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2011-07539 In the Matter of State of New York, respondent, v Joseph McD. (Anonymous), appellant. (Index No. 4142/10)
| 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 - June 2012 Calendar," dated June 25, 2012, as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated July 12, 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, so much of the decision and order on motion of this Court dated June 25, 2012, as dismissed the appeal is recalled and vacated, 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 December 14, 2012.
SKELOS, J.P., HALL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court