From Casetext: Smarter Legal Research

Fernandez v. Xie Jian Gao

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 21, 2013
2013 N.Y. Slip Op. 77548 (N.Y. App. Div. 2013)

Opinion

2012-09529 Index No. 4313/10 M158304

06-21-2013

Rosa M Fernandez, appellant, v. Xie Jian Gao, et al., respondents.


, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER ON MOTION

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 2013 Calendar," dated May 3, 2013, as dismissed her appeal from an order of the Supreme Court, Kings County, dated May 22, 2012, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated May 3, 2013, as dismissed the 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 July 29, 2013, and the record on appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Fernandez v. Xie Jian Gao

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 21, 2013
2013 N.Y. Slip Op. 77548 (N.Y. App. Div. 2013)
Case details for

Fernandez v. Xie Jian Gao

Case Details

Full title:Rosa M Fernandez, appellant, v. Xie Jian Gao, et al., respondents.

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

Date published: Jun 21, 2013

Citations

2013 N.Y. Slip Op. 77548 (N.Y. App. Div. 2013)