Delgrosso v Staten Island's Medical Group
Motion No: 2010-08123
Slip Opinion No: 2012 NY Slip Op 93673(U)
Decided on December 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M147925

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-08123

Michael Delgrosso, et al., respondents,

v Staten Island's Medical Group, et al.,

defendants, Sook Yoo, etc., appellant.

(Index No. 102517/07)

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 - April 2011 Calendar," dated April 26, 2011, as dismissed an appeal from an order of the Supreme Court, Richmond County, dated July 12, 2010, 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 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 April 26, 2011, as dismissed the appeal, is recalled and vacated, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until February 11, 2013, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court