Campbell v Bradco Supply Company
Motion No: 2017-01457
Slip Opinion No: 2018 NY Slip Op 64124(U)
Decided on February 15, 2018
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

M246236

E/afa

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-01457, 2018-01805

Margaret Campbell, appellant,

v Bradco Supply Company, et al.,

respondents.

(Index No. 11307/10)

DECISION & ORDER ON MOTION

Motion by Margaret Campbell, in effect, to deem a notice of appeal dated January 23, 2017, to be from an order of the Supreme Court, Suffolk County, dated October 25, 2016, to enlarge the time to perfect the appeal, and, in effect, to recall and vacate so much of a decision and order on motion of this Court dated July 18, 2017, as dismissed her appeal from an order of the same court dated December 26, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the notice of appeal dated January 23, 2017, is deemed to be from the order dated October 25, 2016, the time to perfect the appeal is enlarged until March 19, 2018, so much of the decision and order on motion of this Court dated July 18, 2017, as dismissed the appeal from the order dated December 26, 2016, is recalled and vacated, and the appeal from the order dated October 25, 2016, will be prosecuted under Appellate Division Docket No. 2018-01805.

CHAMBERS, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court