Appellate Division: Second Judicial Department

M81106

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-03824 Madeline Felice, et al., respondents-appellants, v Chubb & Son, Inc., et al., appellants-respondents. (Index No. 39263/07)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents 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 - November 2008 Calendar," dated December 8, 2008, as dismissed an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 18, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal and cross appeal, and to enlarge the time to perfect the appeal and to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

Upon the papers filed in support of the motion and the papers filed 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 December 8, 2008, as dismissed the instant appeal and cross appeal, is recalled and vacated; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until February 13, 2009, and the joint record or appendix on appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court