Appellate Division: Second Judicial Department

M46999

S/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-05047, 2005-05048, 2005-05049, 2006-00890 Marc Waldman, etc., respondent v Shereen Bobrowsky, etc., appellant. (Index No. 26503/94)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 21, 2006, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant 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 appeals from an order of the Supreme Court, Kings County, dated April 14, 2005 (Appellate Division Docket No. 2005-05049), and two orders of the same court both dated February 24, 2005 (Appellate Division Docket Nos. 2005-05047 and 2005-05048), to reinstate the appeals, and to enlarge the time to perfect the appeals, and to recall and vacate a decision and order on motion of this court dated January 27, 2006, which dismissed an appeal from an order of the Supreme Court, Queens County, dated December 5, 2005 (Appellate Division Docket No. 2006-00890), on the ground that the order was not appealable by right or by permission, and to deem the appeal to be an application pursuant to CPLR 5704.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court