James Sharpelletti v Linda Allen
Motion No: 2013-00612 sc
Slip Opinion No: 2013 NY Slip Op 91784(U)
Decided on October 24, 2013
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

ANGELA G. IANNACCI

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

2012-SNC-77
2013-612 S C
James Sharpelletti, Respondent, v Linda Allen, Appellant.

Motion by appellant to vacate an order of this court dated July 15, 2013, which dismissed an appeal from a judgment of the Justice Court of the Town of Riverhead, Suffolk County, entered December 14, 2012, and, in effect, 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 thereto, it is

ORDERED that the branch of the motion seeking to vacate the order dated July 15, 2013 is granted, and it is further,

ORDERED that the branch of the motion seeking in effect to enlarge the time to perfect the appeal is granted and the appellant's brief shall be served and filed on or before November 13, 2013.

ENTER:

Paul Kenny

Chief Clerk