Appellate Division: Second Judicial Department

M75979

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

JOHN M. LEVENTHAL, JJ.

2007-11252 The People etc., ex rel. Carl Dushain, appellant, v Robert E. Ercole, respondent. (Index No. 5157/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 7, 2007.

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

ORDERED that on the court's own motion, so much of the decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - August 2008 Calendar," dated September 2, 2008, as dismissed the instant appeal, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the motion is granted, and 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 his brief on the appeal is enlarged until November 5, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court