| Fernandez v Xie Jian Gao |
| Motion No: 2012-09529 |
| Slip Opinion No: 2013 NY Slip Op 77548(U) |
| Decided on June 21, 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
M158304
E/sl
DANIEL D. ANGIOLILLO, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2012-09529 Rosa M Fernandez, appellant, v Xie Jian Gao, et al., respondents. (Index No. 4313/10)
| 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 - April 2013 Calendar," dated May 3, 2013, as dismissed her appeal from an order of the Supreme Court, Kings County, dated May 22, 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 May 3, 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 July 29, 2013, and the record on appeal and the appellant's brief must be served and filed on or before that date.
ANGIOLILLO, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court