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Assevero v. Hamilton & Church Props., LLC

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 20, 2013
2013 N.Y. Slip Op. 77349 (N.Y. App. Div. 2013)

Opinion

2012-05832 Index No. 33051/08 M158228

06-20-2013

Lucy Assevero, as administratrix of the estate of Hugh Assevero, appellant, v. Hamilton & Church Properties, LLC, defendant third-party plaintiff-respondent; Castle Construction Group, third-party defendant-respondent-appellant (and another title).


, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2013 Calendar," dated February 19, 2013, as dismissed its cross appeal from an order of the Supreme Court, Kings County, dated April 27, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the cross appeal, to enlarge the time to serve and file an answering brief.

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

ORDERED that the motion is granted, and so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the cross appeal, is recalled and vacated, the cross appeal is reinstated, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 20, 2013, and the respondent-appellant's brief must be served and filed on or before that date.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Assevero v. Hamilton & Church Props., LLC

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 20, 2013
2013 N.Y. Slip Op. 77349 (N.Y. App. Div. 2013)
Case details for

Assevero v. Hamilton & Church Props., LLC

Case Details

Full title:Lucy Assevero, as administratrix of the estate of Hugh Assevero…

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

Date published: Jun 20, 2013

Citations

2013 N.Y. Slip Op. 77349 (N.Y. App. Div. 2013)