Appellate Division: Second Judicial Department

M43779

E/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-11041 In the Matter of Donald Vastola, appellant, v Board of Trustees of New York City Fire Department, Article I-B Pension Fund, etc., et al., respondents. (Index No. 29398/04)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - June 2006 Calendar", dated July 17, 2006, as dismissed an appeal from a judgment of the Supreme Court, Kings County, dated March 31, 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 the papers 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 July 17, 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 is enlarged until September 27, 2006, and the record on appeal and the appellant'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.

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court