Appellate Division: Second Judicial Department

M41088

S/mv

HOWARD MILLER, J.P.

THOMAS A. ADAMS

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-05675, 2005-05684, 2005-07862 Anna F. Larsen, et al., appellants, et al., plaintiff, v Dawn M. Spano, et al., respondents. (Index No. 4937/01)

DECISION & ORDER ON MOTION

Appeals by Anna F. Larsen and Vincent Berger, Jr., from an order of the Supreme Court, Suffolk County, dated May 12, 2005, a judgment of the same court entered June 10, 2005, and a judgment of the same court entered June 29, 2005. By decision and order on motion dated April 4, 2006, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - March 2006 Calendar," the appeal from the judgment entered June 29, 2005 (Appellate Division Docket No. 2005-07862) was dismissed.

Now, on the court's own motion, it is

ORDERED that so much of the order dated April 4, 2006, as dismissed the appeal from the judgment entered June 29, 2005, is recalled and vacated and that appeal is reinstated; and it is further,

ORDERED that the appeal from the judgment entered June 29, 2005, is consolidated with the appeals from the order dated May 12, 2005, and the judgment entered June 10, 2005 (Appellate Division Docket Nos. 2005-05675 and 2005-05684); and it is further,

ORDERED that on or before July 7, 2006, the appellants shall serve and file a supplemental record which contains the notice of appeal from the judgment entered June 29, 2005, and the judgment entered June 29, 2005.

MILLER, J.P., ADAMS, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court