Appellate Division: Second Judicial Department

M48510

E/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-09595 In the Matter of Edward Armstrong, petitioner, v William Phillips, etc., respondent. (Index No. 1929/05)

DECISION & ORDER ON MOTION

Motion by the petitioner 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 - August 2006 Calendar," dated September 11, 2006, as dismissed a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated October 5, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated September 11, 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 February 20, 2007, and the original papers constituting the record for the proceeding must be filed in the office of the Clerk of this court and the petitioner's 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.

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court