| Ochart v Great Atlantic and Pacific Tea Company |
| Motion No: 2014-01234 |
| Slip Opinion No: 2014 NY Slip Op 91003(U) |
| Decided on November 25, 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
M183312
E/sl
PETER B. SKELOS, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2014-01234 Marilyn Ochart, appellant, v Great Atlantic and Pacific Tea Company, respondent. (Index No. 12-50254)
| 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 - August 2014 Calendar," dated September 11, 2014, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated December 18, 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 September 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 January 9, 2015, and the record on appeal and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court