Disa Realty, Inc. v Rao
Motion No: 2013-09804
Slip Opinion No: 2015 NY Slip Op 79060(U)
Decided on July 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M195533

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2013-09804

Disa Realty, Inc., respondent,

v Kishor Rao, etc., appellant,

et al., defendants.

(Index No. 10206/12)

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 - August 2014," dated September 11, 2014, as dismissed an appeal from an order of the Supreme Court, Queens County, dated July 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 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, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until August 13, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court