US Bank National Association v Harding
Motion No: 2013-06383
Slip Opinion No: 2014 NY Slip Op 73503(U)
Decided on May 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M174813

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2013-06383

US Bank National Association, responden

v Stephen J. Harding, appellant, et al., defe

(Index No. 9506/08)

DECISION & ORDER ON MOTION

t,
ndants.

Motion by the appellant 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 - January 2014 Calendar," dated February 11, 2014, as dismissed an appeal from an order of the Supreme Court, Queens County, entered May 3, 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 relation or opposition thereto, it is

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated February 11, 2014, as dismissed the appeal, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 30, 2014, and the record on appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court