Appellate Division: Second Judicial Department

M173204

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2012-10847 Allan Cohen, respondent-appellant, v Joan Cohen, appellant-respondent. (Appeal No. 1) 2013-07948 Allan Cohen, appellant, v Joan Cohen, respondent. (Appeal No. 2) (Index No. 204031/01)

DECISION & ORDER ON MOTION

Motion by the plaintiff 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 his cross appeal from an order of the Supreme Court, Nassau County, entered October 23, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate his cross appeal, and to enlarge the time to perfect that cross appeal as well an appeal from an order of the same court entered June 20, 2013.

Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered June 20, 2013 (Appellate Division Docket No. 2013-07948), is granted, the appellant's time to perfect that appeal is enlarged until June 16, 2014, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

 ORDERED that the motion is otherwise denied.

RIVERA, J.P., SGROI, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court