| Socci v Socci |
| Motion No: 2015-06943 |
| Slip Opinion No: 2017 NY Slip Op 69232(U) |
| Decided on March 31, 2017 |
| 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
M227750
E/afa
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY, JJ.
|
2015-06943, 2016-11279 Rosalie Socci, respondent, v Stephen Socci, appellant. (Index No. 202806/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to file a late notice of appeal from a judgment of the Supreme Court, Nassau County, entered October 26, 2015. The appellant's appeal from a decision of the same court dated May 27, 2015, was dismissed by decision and order on motion of this Court dated February 9, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the decision and order on motion of this Court dated February 9, 2016, is recalled and vacated, the notice of appeal from the decision is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), and the appeal will be prosecuted under Appellate Division Docket No. 2016-11279; and it is further,
ORDERED that the appellant shall perfect the appeal from the judgment on or before May 31, 2017.
DILLON, J.P., BALKIN, LEVENTHAL and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court