Appellate Division: Second Judicial Department

M45514

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2005-10766 Nachama Hirsch, plaintiff, v Benjamin Hirsch, defendant-appellant, et al., defendants; High Spruce Associates, LP, nonparty-appellant; Jeffrey Goldstein, etc., nonparty-respondent. (Index No. 20231/97)

DECISION & ORDER ON APPLICATION

Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 29, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion so much of a decision and order on motion dated September 11, 2006, entitled "In the Matter of the 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 application is granted and the appellants' time to perfect their respective appeals is enlarged until November 20, 2006, and the joint record or appendix on the appeal and the appellants' briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., ADAMS, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court