Appellate Division: Second Judicial Department

M39582

O/nal

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-01820 Marilyn Scarlett, appellant, v Humphrey Scarlett, respondent. (Index No. 20251/00)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated February 28, 2006, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, dated January 25, 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 28, 2006, as dismissed the instant appeal, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until June 20, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court