Appellate Division: Second Judicial Department

M60081

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

THOMAS A. DICKERSON, JJ.

2007-02053 In the Matter of Grazyna Yanina Makurat, respondent, v Jacek Tomasl Makurat, appellant. (Docket No. U-11456-05)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated June 13, 2007, which dismissed an appeal from an order of the Family Court, Suffolk County, dated January 19, 2007, 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated June 13, 2007, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 22, 2007, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

MILLER, J.P., RITTER, GOLDSTEIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court