Appellate Division: Second Judicial Department

M51472

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-04907 Carol Ann Scicchitano, etc., appellant, v Michael Algazi, etc., respondent. (Index Nos. 133328/03, 8628/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to reargue so much of an order on application of this court dated December 12, 2006, as dismissed that portion of an appeal which was from so much of an order of the Supreme Court, Nassau County, entered April 12, 2006, as decided motions pending under Index No. 133328/03, on the ground that it was superseded by a judgment of the same court entered October 10, 2006 (see Matter of Aho, 39 NY2d 241, 248), and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to reargue is granted, upon reargument, so much of the order on application of this court dated December 12, 2006, as dismissed that portion of the appeal which was from so much of the order entered April 12, 2006, as decided motions pending under Index No. 133328/03 is recalled and vacated, and the appeal from that portion of the order is reinstated; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 4, 2007; and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., RIVERA, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court