Appellate Division: Second Judicial Department

M34474

C/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-00127, 2005-06182 Paul Blume, appellant, v A & R Fuels, Inc., etc., et al., respondents. (Index No. 26332/01)

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 - August 2005 Calendar", dated September 12, 2005, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 29, 2004 (Appellate Division Docket No. 2005-00127), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to consolidate the appeal with an appeal from an order of the same court dated April 26, 2005 (Appellate Division Docket No. 2005-06180), and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this court dated September 12, 2005, as dismissed the appeal from the order dated October 29, 2004, is granted, and the appeal is reinstated; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated October 29, 2004, with the appeal from the order dated April 26, 2005, is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

 ORDERED that the appellant's time to perfect the appeals is enlarged until March 7, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

H. MILLER, J.P., COZIER, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court