| Wachovia Mortgage Corporation v Lopa |
| Motion No: 2012-06254 |
| Slip Opinion No: 2013 NY Slip Op 72859(U) |
| Decided on May 6, 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
M155835
E/nl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
|
2012-06254
Wachovia Mortgage Corporation, respondent, v Frank Lopa, Jr., appellant, et al., defendants.
(Index No. 102681/08)
| 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 - February 2013 Calendar," dated February 19, 2013, as dismissed an appeal from a judgment of the Supreme Court, Richmond County, dated May 14, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and so much of the decision and order on motion of this Court dated February 19, 2013, 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 June 20, 2013, and the record on appeal and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., DICKERSON, CHAMBERS and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court