Opinion
2012-09027 Index No. 102270/10 M159377
07-15-2013
Denise Overbeck, appellant, v. Alpha Animal Health P.C., etc., et al., respondents.
, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, 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 an appeal from an order of the Supreme Court, Richmond County, dated July 25, 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 the papers filed in opposition 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 August 15, 2013, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court