Diederich v Wetzel
Motion No: 2011-11832
Slip Opinion No: 2012 NY Slip Op 94826(U)
Decided on December 28, 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

M148843

S/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-11832

Michael Diederich, Jr., appellant,

v Lorraine Wetzel, etc., respondent.

(Index No. 11-4645)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated December 27, 2012, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Appeal by Michael Diederich, Jr., from an order of the Supreme Court, Rockland County, dated December 9, 2011.

On the Court's own motion, it is

ORDERED that the respondent's time to serve and file a brief is enlarged until January 31, 2013, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court