| Palmieri v Fred Shore Beach Club, Inc., also known as Fre |
| Motion No: 2014-01084 |
| Slip Opinion No: 2015 NY Slip Op 83046(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
M197418
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2014-01084, 2014-02589 Paul Palmieri, appellant, v Fred Shore Beach Club, Inc., also known as Fred Shore Club, Inc., et al., respondents, et al., defendants. (Index No. 1808/97)
| 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 - December 2014 Calendar," dated January 5, 2015, as dismissed an appeal from a judgment of the Supreme Court, Suffolk County, entered December 24, 2013, in effect, to reinstate the appeal, to enlarge the time to perfect that appeal as well as an appeal from an order of the same court dated October 18, 2013, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated January 5, 2015, as dismissed the appeal from the judgment and, in effect, to reinstate that appeal are granted, so much of the decision and order on motion dated January 5, 2015, as dismissed the appeal from the judgment is recalled and vacated, and the appeal from the judgment is reinstated; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until September 28, 2015, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is denied with leave to renew by a motion made simultaneously with the perfection of the appeals.
BALKIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court