Opinion
2012-05603 Docket No. F-7768-06/11G M153423
03-21-2013
In the Matter of Donald J. Nenninger, Jr., appellant, v. Holly L. Tonnessen, respondent.
, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated December 5, 2012, which dismissed an appeal from an order of the Family Court, Suffolk County, dated April 3, 2012.
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 December 5, 2012, is recalled and vacated, the appeal is reinstated, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until May 20, 2013.
DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court