Appellate Division: Second Judicial Department

M48397

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-10680, 2006-06106 Raymond Powers, respondent, v Catherine Wilson, appellant. (Index No. 03-1903)

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 an order of the Supreme Court, Westchester County, dated October 4, 2005 (Appellate Division Docket No. 2005-10680), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate that appeal, and to enlarge the time to perfect that appeal, to enlarge the time to perfect the appeal from an order of the same court dated May 18, 2006 (Appellate Division Docket No. 2006-06106), and to consolidate the appeals.

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

ORDERED that the branches of the motion which are 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 the appeal from the order dated October 4, 2005, to reinstate that appeal, and to enlarge the time to perfect that appeal are granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the order dated October 4, 2005, is enlarged until February 5, 2007, and the original papers constituting the record on the appeal must be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated October 4, 2005, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 18, 2006, is granted, the appellant's time to perfect that appeal is enlarged until February 5, 2007, and the original papers constituting the record on the appeal must be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

MILLER, J.P., CRANE, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court