Bowen v Nassau County
Motion No: 2013-07581
Slip Opinion No: 2014 NY Slip Op 75040(U)
Decided on June 13, 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

M174995

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

COLLEEN D. DUFFY, JJ.

2013-07581

James M. Bowen, appellant,

v Nassau County, et al., respondents.

(Index No. 11109/12)

DECISION & ORDER ON MOTION

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 - April 2014 Calendar," dated April 17, 2014, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered January 22, 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; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated April 17, 2014, as dismissed the appeal, is recalled and vacated, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until July 17, 2014, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.

ENG, P.J., RIVERA, LOTT and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court