Appellate Division: Second Judicial Department

M69961

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2006-06472, 2007-02350 Bruria Schiffman, respondent, v Hann Auto Trust, et al., respondents-appellants, Lawrence H. Schiffman, appellant-respondent (and a third-party action). (Appeal No. 1) Bruria Schiffman, respondent, v Hann Auto Trust, et al., appellants, et al., defendants (and a third-party action). (Appeal No. 2) (Index No. 17016/04)

DECISION & ORDER ON MOTION

Motion by Hann Auto Trust and Hann Financial Services Corporation, inter alia, 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 a judgment of the Supreme Court, Nassau County, dated January 3, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, and to dismiss an appeal by Lawrence H. Schiffman from an order of the same court entered June 2, 2006.

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 dated March 4, 2008, as dismissed the appeal from the judgment dated January 3, 2007, and to reinstate that appeal are granted, and so much of the decision and order on motion of this court dated March 4, 2008, as dismissed the appeal from the judgment dated January 3, 2007, is recalled and vacated; and it is further,

ORDERED that on the court's own motion, the appeal from the judgment dated January 3, 2007, and the appeal from the order entered June 2, 2006, are consolidated; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental record is granted to the extent that on or before May 26, 2008, Hann Auto Trust and Hann Financial Services Corporation shall serve and file a supplemental record containing the judgment dated January 3, 2007, and the notice of appeal for the judgment, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal by Lawrence H. Schiffman from the order entered June 2, 2006, is held in abeyance and referred to the panel of Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof.

SKELOS, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court