Rubin v. Rubin

Full title: James B. Rubin, appellant, v. Guadulupe Rubin, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Nov 23, 2012

2012 N.Y. Slip Op. 91182 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-03471 Index No. 05-17008 M146961

11-23-2012

James B. Rubin, appellant, v. Guadulupe Rubin, respondent.

DANIEL D. ANGIOLILLO

, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated September 19, 2012, which dismissed an appeal from an order of the Supreme Court, Westchester County, entered March 13, 2011, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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 decision and order on motion of this Court dated September 19, 2012, is recalled and vacated, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until December 26, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court