Pena v. City of N.Y.

Full title: Crystal Pena, etc., et al., appellants, v. City of New York, et al.…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 24, 2013

2013 N.Y. Slip Op. 71575 (N.Y. App. Div. 2013)

Opinion

2012-04068 Index No. 18503/09 M155210

04-24-2013

Crystal Pena, etc., et al., appellants, v. City of New York, et al., respondents.

DANIEL D. ANGIOLILLO

, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants 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 - February 2013 Calendar," dated February 19, 2013, as dismissed an appeal from an order of the Supreme Court, Kings County, dated March 30, 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 February 19, 2013, as dismissed the appeal, is recalled and vacated, the appeal is reinstated, and the appellants' time to perfect the appeal is enlarged until June 10, 2013, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court