Appellate Division: Second Judicial Department

M63744

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2006-11381 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - July 2007 Calendar," dated August 13, 2007, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered August 25, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, in effect, to stay enforcement of the judgment pending hearing and determination of the appeal, to direct the return of a certain Ford Explorer, for leave to prosecute the appeal as a poor person, and to waive the motion filing fee. By decision and order on motion dated November 13, 2007, the branch of the motion which was to waive the motion filing fee was denied and the motion was otherwise held in abeyance, pending payment of the motion filing fee. The appellant paid the motion filing fee on November 19, 2007.

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 of this court dated August 13, 2007, as dismissed the appeal from the judgment entered August 25, 2006, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 14, 2008, and the record or appendix 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 enlargement of time shall be granted; and it is further,

ORDERED that the branches of the motion which are, in effect, to stay enforcement of the judgment pending hearing and determination of the appeal, to direct the return of a certain Ford Explorer, and for leave to prosecute the appeal as a poor person are denied.

We note that the papers filed by Albert Cacace have not been considered as he is not a party to the above-entitled action, and, as such, does not have standing to file papers in connection with this motion.

PRUDENTI, P.J., RIVERA, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court