Appellate Division: Second Judicial Department

M74728

E/cb

WILLIAM F. MASTRO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2003-07363, 2005-03998 Juvondi R. Pender, appellant, v Liberty Auto Collision, et al., respondents. (Index No. 11396/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated January 13, 2004, which granted an application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 16, 2003 (Appellate Division Docket No. 2003-07363) to reinstate the appeal, and to enlarge the time to perfect the appeal. Separate motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this court dated December 16, 2005, as dismissed an appeal from an order of the Supreme Court, Queens County, dated February 28, 2005 (Appellate Division Docket No. 2005-03998), to reinstate the appeal, to enlarge the time to perfect the appeal, and to consolidate the appeal from the order dated June 16, 2003, with the appeal from the order dated February 28, 2005.

Upon the papers filed in support of the motions and the papers filed in relation or opposition thereto, it is

ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion dated January 13, 2004, to reinstate the appeal from the order dated June 16, 2003, and to enlarge the time to perfect that appeal are denied; and it is further,

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated December 16, 2005, as dismissed the appeal from the order dated February 28, 2005, to reinstate that appeal, and to enlarge the time to perfect that appeal are denied; and it is further,

ORDERED that the motions are otherwise denied as academic.

MASTRO, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court