MICHAEL DIEDERICH, JR., ap, v. LORRAINE WETZEL, ETC., res — On the Court's own motion, it is

ORDERED that the decision and of this Court dated December 27, 2012, in the above-entitled appeal is recalled and vacated and the following decision and is substituted therefor:

Appeal by Michael Diederich, Jr., from an order of the Supreme Court, Rockland County, dated December 9, 2011.

On the Court's own motion, it is

ORDERED that the respondent's time to serve and file a brief is enlarged until January 31, 2013, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.