Appellate Division: Second Judicial Department

M52855

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-06625 Joe Brown, et al., respondents, v City of New York, et al., appellants. (Index No. 25305/99)

DECISION & ORDER ON MOTION

Motion by the appellants 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 - January 2007 Calendar," dated February 5, 2007, as dismissed an appeal from a judgment of the Supreme Court, Kings County, dated June 6, 2006, 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 the papers filed in opposition thereto, it is

ORDERED that the motion is granted, so much of the order dated February 5, 2007, as dismissed the appeal is recalled and vacated, the appeal is reinstated, the appellants' time to perfect the appeal is enlarged until June 5, 2007, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that if the appellants has not received all the trial transcripts within 30 days of the date of this decision and order on motion, the appellants must move by order to show cause on or before May 7, 2007, to compel the court reporter to provide any missing trial transcripts.

MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court