Appellate Division: Second Judicial Department

M50594

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-11390, 2006-04655 Jose Elizeo Granados, appellant, v Linda Cox, et al., respondents. (Index No. 7384/04)

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, Nassau County, entered October 25, 2005 (Appellate Division Docket No. 2005-11390), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same and for leave to withdraw the appeal. Separate cross motions by the respondents to dismiss an appeal from a judgment of the same court dated April 14, 2006 (Appellate Division Docket No. 2006-04655) on the ground that the appeal is barred by the doctrine of Bray v Cox (38 NY2d 350).

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

ORDERED that the motion is granted, so much of the decision and order on motion of this court dated July 17, 2006, as dismissed the appeal from the order entered October 25, 2005, is recalled and vacated, and that appeal is deemed withdrawn; and it is further,

ORDERED that the cross motions are denied.

RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court