| Matter of Fernandez v Saunders |
| Motion No: 2018-03376 |
| Slip Opinion No: 2018 NY Slip Op 84263(U) |
| Decided on September 24, 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. |
Appellate Division: Second Judicial Department
M255599
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2018-03376 In the Matter of Julio A. Fernandez, respondent, v Kymalyn Saunders, appellant. (Docket No. V-5908-14)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated June 22, 2018, which dismissed an appeal from an order of the Family Court, Nassau County, dated February 16, 2018, for failure to comply with a scheduling order dated April 11, 2018.
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, the decision and order on motion of this Court dated June 22, 2018, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that pursuant to 22 NYCRR 1250.9(b) the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing a brief on the appeal is enlarged until November 26, 2018.
DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court