HSBC Mortgage Services v Talip
Motion No: 2011-05955
Slip Opinion No: 2013 NY Slip Op 63683(U)
Decided on February 5, 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

M150885

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2011-05955, 2012-00070

HSBC Mortgage Services, respondent,

v Iqbal Talip, et al., appellants, et al., defendants.

(Index No. 18145/09)

DECISION & ORDER ON MOTION

Motion by the appellants 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 - February 2012 Calendar," dated February 3, 2012, as dismissed an appeal from an order of the Supreme Court, Queens County, entered February 3, 2011, and 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, entered October 3, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeals, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation 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 February 3, 2012, as dismissed the appeal from the order entered February 3, 2011, and so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the appeal from the order entered October 3, 2011, are recalled and vacated and the appeals are reinstated; and it is further,

ORDERED that the appellants' time to perfect the appeals is enlarged until March 6, 2013, and the record on appeals and the appellants' brief must be served and filed on or before that date.

ENG, P.J., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court