Opinion
2011-08713 Index No. 21023/05 M154804
04-17-2013
George A. Ciminello, appellant, v. Brian C. Sullivan, et al., respondents.
, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Renewed motion by the 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 - April 2012 Calendar," dated April 18, 2012, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated July 20, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, 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, so much of the decision and order on motion of this Court dated April 18, 2012, as dismissed the instant appeal, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 17, 2013, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court