| Collado v Jiacono |
| Motion No: 2013-05980 |
| Slip Opinion No: 2014 NY Slip Op 62670(U) |
| Decided on January 31, 2014 |
| 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
M168943
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2013-05980 Juan Collado, respondent, v John Jiacono, et al., appellants. (Index No. 15464/09)
| 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 - October 2013 Calendar," dated October 21, 2013, as dismissed an appeal from an order of the Supreme Court, Kings County, dated March 27, 2013, 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 October 21, 2013, as dismissed the appeal is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until April 4, 2014, and the record on appeal and the appellants' brief must be served and filed on or before that date.
MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court