Appellate Division: Second Judicial Department

M70837

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-05061 Michael Blakey, respondent, v Natalie Blakey, appellant. (Index No. 21847-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se 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, Suffolk County, entered May 4, 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 opposition or in relation 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 on the court's own motion, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until July 21, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court