| Maslova v Maslov |
| Motion No: 2012-11554 |
| Slip Opinion No: 2015 NY Slip Op 61001(U) |
| Decided on January 14, 2015 |
| 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
M185696
E/ct
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2012-11554 Tatyana Maslova, respondent, v Sergey Maslov, appellant. (Index No. 11405/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decision of the Supreme Court, Orange County, dated October 11, 2012, which was dismissed by decision and order on motion of this Court dated February 5, 2013, for leave to file a late notice of appeal from a judgment of the same court dated November 9, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the decision and order on motion of this Court dated February 5, 2013, is recalled and vacated, the appeal is reinstated, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the appellant's time to perfect the appeal is enlarged until March 16, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied.
DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court