Appellate Division: Second Judicial Department

M266110

E/mb

WILLIAM F. MASTRO, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-04283 Marc Agulnick, appellant, v Adrienne Agulnick, respondent. (Index No. 202374/18)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated May 30, 2019, as dismissed an appeal from a transcript of the proceedings of the Supreme Court, Nassau County, which occurred on April 10, 2019, to deem the notice of appeal from the transcript to be a premature notice of appeal from an order of the same court entered May 3, 2019, and to direct that the subject child undergo certain medical treatment pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are to recall and vacate so much of a decision and order on motion of this Court dated May 30, 2019, as dismissed an appeal from a transcript of the proceedings of the Supreme Court, Nassau County, which occurred on April 10, 2019, to deem the notice of appeal from the transcript to be a notice of appeal from an order of the same court entered May 3, 2019, are granted (see CPLR 5520[c]); and it is further,

ORDERED that the appellant shall perfect the appeal on or before October 22, 2019; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court