Appellate Division: Second Judicial Department

M44491

A/nl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-11588 In the Matter of Constance Monett, petitioner, v Unified Court System of the State of New York, et al., respondents. (Index No. 18375/05)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se to recall and vacate so much of a decision and order on motion of this court dated July 17, 2006, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2006 Calendar" as dismissed a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated November 15, 2005, for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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 so much of the decision and order on motion of this court dated July 17, 2006, as dismissed the instant proceeding, is recalled and vacated, and the proceeding is reinstated; and it is further,

ORDERED that the petitioner's time to perfect the proceeding is enlarged until November 6, 2006, and the petitioner's record or appendix and 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., RITTER, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court