| Valfer v Village of Freeport |
| Motion No: 2016-09032 |
| Slip Opinion No: 2017 NY Slip Op 90341(U) |
| Decided on October 24, 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
M240076
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-09032 Agnes R. Valfer, et al., appellants, v Village of Freeport, et al., respondents. (Index No. 192/15)
| 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," dated July 5, 2017, as dismissed an appeal in the above-entitled action from an order of the Supreme Court, Nassau County, dated July 13, 2016, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated July 5, 2017, as dismissed the appeal in the above-entitled action, is recalled and vacated, the appeal is reinstated, the appellants' time to perfect the appeal is enlarged until November 27, 2017, and the record on appeal and the appellants' brief must be served and filed on or before that date.
RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court