| Deutsche Bank Trust Company Americas v Cox |
| Motion No: 2011-10312 |
| Slip Opinion No: 2013 NY Slip Op 64251(U) |
| Decided on February 11, 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. |
Appellate Division: Second Judicial Department
M151238
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2011-10312 Deutsche Bank Trust Company Americas, etc., respondent, v Anthony C. Cox, appellant. (Index No. 9637/10)
| 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 - August 2012 Calendar," dated September 6, 2012, as dismissed an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered August 1, 2011, 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 6, 2012, as dismissed the appeal is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until February 27, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court