Appellate Division: Second Judicial Department

M38132

C/nal

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-04609 Alice T. O'Brien, etc., appellant, v William A. Dalessandro, a/k/a William A. D'Alesandro, a/k/a William A. Dallessandro, et al., respondents. (Index No. 12692/03)

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 - January 2006 Calendar", dated February 10, 2006, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered March 15, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal as a poor person.

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 dated February 10, 2006, as dismissed the appeal from the judgment is granted, and the appeal is reinstated; and it is further,

ORDERED that the branch of the motion which is for poor person relief is granted to the extent that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other, and payment of the filing fee is waived, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 13, 2006, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., ADAMS, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court