| Dutchess Truck Repair, Inc. v Boyce |
| Motion No: 2012-01322 |
| Slip Opinion No: 2013 NY Slip Op 66252(U) |
| Decided on March 4, 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
M152349
T/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2012-01322 Dutchess Truck Repair, Inc., appellants, v Joe Boyce, etc., et al., respondents, et al., defendant. (Index No. 9406/08)
| 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 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, Dutchess County, dated December 14, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, and to enlarge the time to perfect that appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 from the order dated December 14, 2011, in the above-entitled case is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until April 26, 2013, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
RIVERA, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court