| Matter of Leippe v Gerald J. Wilkoff, Inc. |
| Motion No: 2014-04270 |
| Slip Opinion No: 2015 NY Slip Op 83077(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
M197592
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2014-04270 In the Matter of Patricia R. Leippe, petitioner, v Gerald J. Wilkoff, Inc., et al., respondents. (Index No. 602404/13)
| DECISION & ORDER ON MOTION |
Motion by the petitioner 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 a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Nassau County, entered April 10, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this Court dated January 5, 2015, as dismissed the proceeding, is recalled and vacated, the proceeding is reinstated, the petitioner's time to perfect the proceeding is enlarged until September 28, 2015, and the record or appendix and the petitioner's brief must be served and filed on or before that date.
BALKIN, J.P., ROMAN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court