Appellate Division: Second Judicial Department

M158228

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-05832 Lucy Assevero, as administratrix of the estate of Hugh Assevero, appellant, v Hamilton & Church Properties, LLC, defendant third-party plaintiff-respondent; Castle Construction Group, third-party defendant-respondent-appellant (and another title). (Index No. 33051/08)

DECISION & ORDER ON MOTION

Motion by the respondent-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 its cross appeal from an order of the Supreme Court, Kings County, dated April 27, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the cross appeal, to enlarge the time to serve and file an answering brief.

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 so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the cross appeal, is recalled and vacated, the cross appeal is reinstated, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 20, 2013, and the respondent-appellant's brief must be served and filed on or before that date.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court