| Pena v City of New York |
| Motion No: 2012-04068 |
| Slip Opinion No: 2013 NY Slip Op 71575(U) |
| Decided on April 24, 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
M155210
S/sl
DANIEL D. ANGIOLILLO, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2012-04068 Crystal Pena, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 18503/09)
| 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 2013 Calendar," dated February 19, 2013, as dismissed an appeal from an order of the Supreme Court, Kings County, dated March 30, 2012 , pursuant to 22 NYCRR 670.8(e) 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 February 19, 2013, as dismissed the appeal, is recalled and vacated, the appeal is reinstated, and the appellants' time to perfect the appeal is enlarged until June 10, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court