| Bowen v Wilson |
| Motion No: 2014-04367 |
| Slip Opinion No: 2015 NY Slip Op 82658(U) |
| Decided on August 25, 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
M197475
E/ct
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2014-04367, 2014-11864 James Bowen, appellant, v James J. Wilson, et al., respondents. (Index No. 26295/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 10, 2014, as untimely taken. Separate 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 - May 2015 Calendar," dated June 10, 2015, as dismissed an appeal from an order of the same court dated March 6, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to consolidate that appeal with the appeal from the order entered September 10, 2014, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondents' motion is granted and the appeal from the order entered September 10, 2014, is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the branch of the appellant's motion which is to recall and vacate so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the appeal from the order dated March 6, 2014, is granted, so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the appeal from the order dated March 6, 2014, is recalled and vacated, and that appeal is reinstated; and it is further,
ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal from the order dated March 6, 2014, is granted, the time to perfect that appeal is enlarged until September 24, 2015, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's motion is otherwise denied as academic.
RIVERA, J.P., HALL, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court