Opinion
Motion No: 2010-09862 Docket No. F-1161-09 M124734
08-19-2011
In the Matter of Jill McCormick, appellant, v. Jeffrey McCormick, respondent.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated April 28, 2011, which dismissed an appeal from an order of the Family Court, Orange County, dated August 31, 2010, for failure to comply with the decision and order on motion of this Court dated March 16, 2011 (see 22 NYCRR 670.4[a]), to reinstate the appeal, to waive the filing fee, for free transcripts, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate the decision and order dated April 28, 2011, and to reinstate the appeal are granted, and the decision and order on motion of this court dated April 28, 2011, is recalled and vacated; and it is further,
ORDERED that the appellant's time to comply with the decision and order on motion of this Court dated March 16, 2011, is extended until September 19, 2011; and it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court