Appellate Division: Second Judicial Department

M82687

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2007-08613, 2008-05206 Aura Quinones, appellant, v Neighborhood Youth and Family Services, Inc., et al., respondents, et al., defendants. (Index Nos. 19220/06, 20399/07)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - May 2008 Calendar," dated June 18, 2008, as dismissed an appeal from an order of the Supreme Court, Queens County, dated June 8, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to consolidate that appeal with an appeal from an order of the same court dated April 21, 2008, "to correct/modify the record on appeal," and to enlarge the time to perfect the appeals.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this court dated June 18, 2008, as dismissed the appeal from the order dated June 8, 2007, to reinstate that appeal, and "to correct/modify the record on appeal" are denied; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and to enlarge the time to perfect the appeal from the order dated June 8, 2007, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 21, 2008, is granted, the appellant's time to perfect the appeal is enlarged until March 30, 2009, 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, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court