Webster v City of New York
Motion No: 2018-01977
Slip Opinion No: 2019 NY Slip Op 64629(U)
Decided on March 5, 2019
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

M260675

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2018-01977

Mark Webster, appellant,

v City of New York, respondent.

(Index No. 937/14)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated November 15, 2018, which dismissed an appeal from an order of the Supreme Court, Kings County, dated December 21, 2017, for failure to timely perfect and to extend 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, the decision and order on motion dated November 15, 2018, is recalled and vacated, the appellant's time to perfect the appeal is extended until April 4, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted.

RIVERA, J.P., BALKIN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court