Appellate Division: Second Judicial Department

M63703

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-02465 Mary E. Howe, appellant, v Costley A. Jeremiah, respondent. (Index No. 37312/04)

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 - October 2007 Calendar," dated November 5, 2007, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 26, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, 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; and it is further,

ORDERED that so much of the decision and order on motion of this court dated November 5, 2007, as dismissed the instant appeal is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 14, 2008, 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 enlargement of time shall be granted.

SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court