| Prudence v White |
| Motion No: 2014-09441 |
| Slip Opinion No: 2016 NY Slip Op 60413(U) |
| Decided on January 7, 2016 |
| 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
M204182
E/ct
L. PRISCILLA HALL, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-09441, 2015-03808 Erzulie Prudence, respondent, v Shawette White, et al., appellants. (Index No. 1066/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 Supreme Court, Kings County, dated July 23, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, 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 November 28, 2015, and to consolidate the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 of this Court dated June 10, 2015, as dismissed the appeal from the order dated July 23, 2014, to reinstate that appeal, and to enlarge the time to perfect that appeal, are 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 July 23, 2014, is recalled and vacated, that appeal is reinstated, the time to perfect the appeal from the order dated July 23, 2014, is enlarged until February 4, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated November 28, 2015, is denied as academic as that appeal was timely perfected; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied.
HALL, J.P., MALTESE, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court