Opinion
2012-06215 Index No. 328/12 M149105
01-08-2013
In the Matter of Shawn Failing, appellant-respondent, v. Barbara J. Fiala, respondent-appellant.
, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated May 29, 2012.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal by the appellant-respondent is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the application is granted and the respondent-appellant's time to perfect its appeal is enlarged until February 19, 2013, and the record or appendix on the appeal and the respondent-appellant's brief must be served and filed on or before that date.
SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court