Spurling v Food Parade, Inc.
Motion No: 2017-00672
Slip Opinion No: 2017 NY Slip Op 79796(U)
Decided on July 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M234377

X/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-00672

Beverly Spurling, respondent, v Food

Parade, Inc., appellant, et al., defendant.

(Index No. 602278/15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect," dated July 5, 2017, as dismissed the above-entitled appeal from an order of the Supreme Court, Nassau County, entered January 9, 2017, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged, and the record on the appeal and the appellant's brief which were submitted to the Clerk of the Court are accepted for filing.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court