Appellate Division: Second Judicial Department

M39418

C/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-02073 Ernesto Zelaya, respondent, v New York New York Auto Body, Inc., et al., appellants. (Index No. 23549/98)

DECISION & ORDER ON MOTION

Motion by the appellants 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, Queens County, entered January 5, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated February 10, 2006, as dismissed the instant appeal, is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until June 28, 2006, and the record on appeal and the appellants' 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court