Appellate Division: Second Judicial Department

M39168

Y/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-04695, 2005-04696 Washington Title Insurance Company, respondent, v Martha Adams Lewis Snelling, et al., appellants, et al., defendants. (Index No. 18977/96)

DECISION & ORDER ON MOTION

Motion by the appellant Martha Adams Lewis Snelling, inter alia, to recall and vacate so much of a decision and order on motion of this court dated December 28, 2005, as dismissed her appeals from two orders of the Supreme Court, Queens County, dated January 6, 2005, and April 18, 2005, respectively, to reinstate the appeals, and for leave to adopt the record and brief filed by the appellant Diane S. Pinnock.

Upon the papers filed in support of the motion and no papers having been 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 of this court dated December 28, 2005, as dismissed the appeals by Martha Adams Lewis Snelling is granted, so much of the decision and order on motion dated December 28, 2005, as dismissed the appeals by Martha Adams Lewis Snelling is recalled and vacated, and the appeals by Martha Adams Lewis Snelling are reinstated; and it is further,

ORDERED that the branch of the motion which is for leave to adopt the record and brief filed by the appellant Diane S. Pinnock is granted, and the record and brief are deemed submitted on behalf of both appellants; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until June 5, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court