| Overbeck v Alpha Animal Health P.C. |
| Motion No: 2012-09027 |
| Slip Opinion No: 2013 NY Slip Op 79650(U) |
| Decided on July 15, 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
M159377
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2012-09027 Denise Overbeck, appellant, v Alpha Animal Health P.C., etc., et al., respondents. (Index No. 102270/10)
| 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 an appeal from an order of the Supreme Court, Richmond County, dated July 25, 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, 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 August 15, 2013, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court