Appellate Division: Second Judicial Department

M49378

E/sl

HOWARD MILLER, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2005-01624, 2005-01625 Karin Kalda, respondent, v Jan Kalda, appellant. (Index No. 202605/02)

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 - October 2005 Calendar," dated November 10, 2005, as dismissed appeals from an order of the Supreme Court, Nassau County, dated January 4, 2005, and a judgment of the same court entered January 6, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, to enlarge the time to perfect the appeals, for leave to prosecute the appeals as a poor person, and to stay enforcement of a certain child support order.

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 branches of the motion which are to recall and vacate so much of the decision and order on motion of this court dated November 10, 2005, as dismissed the above-referenced appeals, to reinstate the appeals, and to enlarge the time to perfect the appeals are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

MILLER, J.P., FISHER, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court