• Jan 04 2013 (Date Decided)
  • Skelos, J.P.; Balkin, Chambers and Miller, JJ.
GARY FRIEDMAN, P.C., ap, v. JOHN JAY ONEILL, res — Motion by the appellant to recall and vacate so much of a decision and of this court, entitled "MATTER of the Dismissal of Causes for Failure to Perfect - August 2012 Calendar," dated September 6, 2012, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered October 26, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, in effect, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court dated February 1, 2012, and to enlarge the time to perfect the appeal.

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