Appellate Division: Second Judicial Department

M81707

S/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-09898 Alexander Storozynski, etc., respondent, v Beata Storozynski, appellant. (Index No. 6929/03)

DECISION & ORDER ON APPLICATION

On the court's own motion, it is

ORDERED that its decision and order on application dated April 25, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered July 17, 2007.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appellant's notice of appeal from a decision of the same court dated May 24, 2007, is deemed a notice of appeal from the order entered July 17, 2007 (see CPLR 5512), and the notice of appeal is treated as an application for leave to appeal from the order entered July 17, 2007, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until June 9, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court