Appellate Division: Second Judicial Department

M39155

Y/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-04914, 2005-04925 John Dellafiora, respondent, v Kathleen Dellafiora, appellant. (Index No. 03/7461)

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 appeals from findings of fact of the Supreme Court, Orange County, dated March 28, 2005 (Appellate Division Docket No. 2005-04914), and a judgment of the same court dated March 28, 2005(Appellate Division Docket No. 2005-04925), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation or 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, so much of the decision and order on motion of this court dated February 10, 2006, as dismissed the appeal from the judgment, is recalled and vacated, and that appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged until June 1, 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; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court