| Nolan v Irwin Contracting, Inc. |
| Motion No: 2012-02049 |
| Slip Opinion No: 2014 NY Slip Op 60968(U) |
| Decided on January 15, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M167656
E/nl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-02049
Andrew Nolan, appellant, v Irwin Contracting, Inc., respondent. (Index No. 27744/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to recall and vacate a decision and order of this Court dated May 22, 2013, which determined an appeal from a judgment of the Supreme Court, Suffolk County, entered January 17, 2012, and for leave to file a brief on 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, the decision and order of this Court dated May 22, 2013, is recalled and vacated, the respondent's time to serve and file a brief is enlarged until February 20, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before March 7, 2014.
MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court