Appellate Division: Second Judicial Department

M68369

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2007-07359 Medical Billing Consultants & Collections, Inc., et al., respondents, v Karen Sung, appellant. (Index No. 12625/02)

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 - February 2008 Calendar," dated March 4, 2008, as dismissed an appeal from an order of the Supreme Court, Richmond County, dated June 5, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in relation or 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 March 4, 2008, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until May 30, 2008, and the record on appeal and the appellant's brief must be served and filed on or before that date.

PRUDENTI, P.J., FISHER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court