Matter of Taurins v Taurins
Motion No: 2011-08661
Slip Opinion No: 2013 NY Slip Op 61595(U)
Decided on January 15, 2013
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

M149653

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2011-08661

In the Matter of Ellen Taurins, respondent,

v Walter Taurins, appellant.

(Docket No. F-5420/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated September 21, 2012, as dismissed an appeal from an order of the Family Court, Queens County, dated August 12, 2011, 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 September 21, 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 February 15, 2013.

DILLON, J.P., ANGIOLILLO, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court