Appellate Division: Second Judicial Department

M39456

A/mv

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-11152 In the Matter of Tonya White, petitioner, v New York City Housing Authority, et al., respondents. (Index No. 39713/02)

DECISION & ORDER ON MOTION

Motion by the petitioner to recall and vacate so much of a decision and order on motion of this court dated May 10, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar" as dismissed the above-entitled proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Kings County, dated May 14, 2004, for failure to timely perfect, to reinstate the proceeding, and to stay all proceedings to evict the petitioner from the subject premises in a proceeding entitled NYCHA Tilden Houses v White, pending in the Civil Court of the City of New York, Kings County, Housing Part, under Index No. L&T 12145/01.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and so much of the decision and order on motion of this court dated May 10, 2005, as dismissed the above-entitled proceeding, is recalled and vacated; and it is further,

ORDERED that the petitioner's time to perfect the proceeding is enlarged until June 16, 2006, and the record or appendix on the proceeding and the petitioner'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 all proceedings to evict the petitioner from the subject premises in a proceeding entitled NYCHA Tilden Houses v White, pending in the Civil Court of the City of New York, Kings County, Housing Part, under Index No. L&T 12145/01, are stayed pending hearing and determination of this proceeding.

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

ENTER:

James Edward Pelzer

Clerk of the Court