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