| Toyota Motor Credit Corporation v Bennett |
| Motion No: 2016-04248 |
| Slip Opinion No: 2017 NY Slip Op 95974(U) |
| Decided on December 18, 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
M243278
E/ct
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2016-04248 Toyota Motor Credit Corporation, plaintiff- respondent, v Reshonah M. Bennett, appellant, Kirk A. Wilmont, defendant-respondent. (Index No. 15147/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 from an order of the Supreme Court, Nassau County, entered January 12, 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 no papers having been filed in opposition or in relation 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, is recalled and vacated, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until January 18, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court