Appellate Division: Second Judicial Department

M49352

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-08762 Sandra Stevens, appellant, v State of New York, respondent. (Claim No. 106045)

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 a judgment of the Court of Claims dated August 10, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 July 17, 2006, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 19, 2007, and the record or appendix on appeal and the appellant'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.

CRANE, J.P., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court