Appellate Division: Second Judicial Department

M64677

S/sl

2007-01612, 2007-07109 Robert J. Zysk, appellant, v Kaufman, Borgeest & Ryna, LLP, et al., respondents. (Index No. 14731-06)

ORDER ON APPLICATION

Application by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated December 19, 2006, and July 2, 2007, respectively, to recall and vacate so much of an order of this court entitled "In the Matter of Dismissal of Causes for Failure to Perfect - October 2007 Calendar," dated November 5, 2007, as dismissed the appeal from the order dated December 19, 2006, to reinstate that appeal pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect both appeals.

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated July 2, 2007 (Appellate Division Docket No. 2007-07109), is granted and the appellant's time to perfect that appeal is enlarged until March 26, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to recall and vacate so much of the order dated November 5, 2007, as dismissed the appeal from the order dated December 19, 2006 (Appellate Division Docket No. 2007-01612), to reinstate that appeal, and to enlarge the time to perfect that appeal is denied without prejudice to making a motion for the same relief.

ENTER:

James Edward Pelzer

Clerk of the Court