| Lender v Rausher |
| Motion No: 2015-00011 |
| Slip Opinion No: 2015 NY Slip Op 83039(U) |
| Decided on August 28, 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
M196555
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2015-00011 Keith Lender, respondent, v Daniel Eric Rausher, etc., appellant. (Index No. 601222/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered October 31, 2014, to recall and vacate a decision and order on motion of this Court dated May 12, 2015, which dismissed his prior motion to stay the inquest on the issue of damages in the above-entitled action for failure to provide proof of service of the motion, and to grant the motion. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until September 28, 2015, 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., ROMAN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court