| Zysk v Kaufman, Borgeest & Ryan, LLP |
| Motion No: 2007-01612 |
| Slip Opinion No: 2008 NYSlipOp 62806(U) |
| Decided on February 5, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M65739
E/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
EDWARD D. CARNI
JOHN M. LEVENTHAL, JJ.
|
2007-01612, 2007-07109 Robert J. Zysk, appellant, v Kaufman, Borgeest & Ryan, LLP, et al., respondents. (Index No. 14731-06)
| 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, Suffolk County, dated December 19, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate that appeal, to enlarge the time to perfect that appeal, and to enlarge the time to perfect an appeal from an order of the same court dated July 2, 2007, and to consolidate the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of a decision and order on motion of this court dated November 5, 2007, as dismissed an appeal from the order dated December 19, 2006, to reinstate that appeal, and to enlarge the time to perfect the appeals are granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated November 5, 2007 (Appellate Division Docket No. 2007-01612), as dismissed the appeal from the order dated December 19, 2006, is recalled and vacated and that appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until March 6, 2008, and the record on appeals 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court