Appellate Division: Second Judicial Department

M59057

T/cb

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2006-06534 American Bridge Company, et al., plaintiffs- appellants, v Acceptance Insurance Company, defendant third-party plaintiff-respondent, et al., defendant; Zurich American Insurance Group, third-party defendant-appellant. (Index No. 99-8621)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs and the third-party defendant from an order of the Supreme Court, Westchester County, entered May 31, 2006. By decision and order on motion of this court dated February 23, 2007, the appellants' time to perfect the appeal was enlarged until August 27, 2007. By decision and order on motion of this court dated August 13, 2007, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2007 Calendar" the appeal was erroneously dismissed pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same.

Now, on the court's own motion, it is

ORDERED that so much of the decision and order on motion of this court dated August 13, 2007, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellants' record and brief, which were submitted to the Clerk of this court on August 27, 2007, are accepted for filing.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court