Opinion
Motion No: 2011-05809 Docket No. O-5221/09 M133134
02-15-2012
, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated November 9, 2011, which dismissed an appeal from an order of the Family Court, Kings County, dated May 23, 2011, for failure to comply with a scheduling order dated June 30, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), to reinstate the appeal, and, in effect, 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, the decision and order on motion of this Court dated November 9, 2011, is recalled and vacated, and the appellant's time to perfect the appeal is enlarged until April 16, 2012.
DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court