| Hussain v Ahmed |
| Motion No: 2013-07591 |
| Slip Opinion No: 2014 NY Slip Op 82137(U) |
| Decided on August 28, 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
M179152
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-07591 Mohammad Hussain, etc., appellant, v MD Shueb Ahmed, et al., respondents. (Index No. 2009/13)
| 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, Queens County, dated May 14, 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 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 September 29, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RIVERA, J.P., LEVENTHAL, HALL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court