Appellate Division: Second Judicial Department

M60246

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

ROBERT A. LIFSON

WILLIAM E. McCARTHY, JJ.

2006-07837 In the Matter of Robert Liere, etc., petitioner, v Denise M. Sheehan, etc., respondent. (Index No. 11121-06)

DECISION & ORDER ON MOTION

Motion by the petitioners, inter alia, 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 - March 2007 Calendar," dated April 2, 2007, as dismissed a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated July 24, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated April 2, 2007, as dismissed the proceeding, to reinstate the proceeding, and to enlarge the time to perfect the proceeding are granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated April 2, 2007, as dismissed the instant proceeding, is recalled and vacated; and it is further,

ORDERED that the petitioners' time to perfect the proceeding is enlarged until October 26, 2007, and the petitioners' record or appendix and 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; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., FLORIO, LIFSON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court