Appellate Division: Second Judicial Department

M45418

S/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2005-07734 Vincent Cavallo, respondent, v Long Island College Hospital, appellant. (Index No. 12796/80)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 3, 2005, to recall and vacate so much of a decision and order on motion of this court dated September 11, 2006, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - August 2006 Calendar," as dismissed the above-entitled appeal, 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 thereto, it is

ORDERED that the branch of the motion which is to recall and vacate so much of a decision and order on motion of this court dated September 11, 2006, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - August 2006 Calendar," as dismissed the above-entitled appeal and to reinstate the appeal is granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated September 11, 2006, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - August 2006 Calendar," as dismissed the above-entitled appeal is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent that the appellant's time to perfect the appeal is enlarged until November 20, 2006, and the record or appendix and the appellant's brief shall be served and filed on or before that date, and that branch of the motion is otherwise denied; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court