JP Morgan Chase Bank, National Association v Johnson
Motion No: 2012-10456
Slip Opinion No: 2013 NY Slip Op 93527(U)
Decided on December 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M166418

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-10456

JP Morgan Chase Bank, National Association,

etc., respondent, v William C. Johnson, et al.,

appellants, et al., defendant.

(Index No. 9923/10)

DECISION & ORDER ON MOTION

Motion by the appellants 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 - July 2013 Calendar," dated August 5, 2013, as dismissed an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated July 17, 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 August 5, 2013, as dismissed the appeal is recalled and vacated, the appeal is reinstated, the appellants' time to perfect the appeal is enlarged until January 8, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court