Michael Pepe v Maureen Clifford
Motion No: 2013-00839 SC
Slip Opinion No: 2014 NY Slip Op 63656(U)
Decided on February 4, 2014
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

ANTHONY MARANO, JJ.

DECISION & ORDER ON MOTION

2013-839 S C
Michael Pepe, Respondent, v Maureen Clifford, Appellant.

On the court's own motion, it is

ORDERED that the order of this court dated October 15, 2013, in the above-captioned action, which dismissed an appeal from a judgment of the Justice Court of the Town of Southampton, Suffolk County, entered January 10, 2013, is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the appellant's brief is deemed timely filed as of the date of this decision and order on motion, and respondent, if he be so advised, may serve and file a respondent's brief within 21 days of the date of this decision and order on motion. Appellant, if she be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is served upon her.

ENTER:

Paul Kenny

Chief Clerk