Appellate Division: Second Judicial Department

M73349

S/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2006-03585 Ada Lipschitz, as executrix of the estate of Menachem Lipschitz, et al., appellants, v Arnold J. Stein, etc., respondent. (Index No. 47446/98)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated January 3, 2006, to recall and vacate so much of a decision and order on motion of this court dated February 5, 2007, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - January 2007 Calendar," which dismissed the appeal, to reinstate the appeal, to substitute Ada Lipschitz, as executrix of the estate of Menachem Lipschitz, for the deceased plaintiff Menachem Lipschitz, to enlarge the time to perfect the appeal, and to stay all proceedings pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, so much of the order dated February 5, 2007, as dismissed the instant appeal is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that Ada Lipschitz, as executrix of the estate of Menachem Lipschitz, is substituted for the deceased plaintiff Menachem Lipschitz, and the caption has been amended accordingly; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until September 15, 2008, and the record or appendix on the appeal and the appellants' brief shall 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 motion is otherwise denied.

SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court