Appellate Division: Second Judicial Department

M84102

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

RANDALL T. ENG, JJ.

2008-02562 Wen Zong Yu, appellant, v Hua Fan, respondent. (Index No. 19503/04)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated February 18, 2009, which dismissed an appeal from an order of the Supreme Court, Queens County, dated October 17, 2007, for failure to comply with a decision and order on motion dated December 29, 2008, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated February 18, 2009, is recalled and vacated; and it is further,

ORDERED that the appellant's time to comply with the decision and order on motion dated December 29, 2008, by serving and filing a supplemental record containing the appellant's affidavit dated August 24, 2007, with attached exhibits, submitted in support of the motion that resulted in the order dated October 17, 2007, is extended until March 30, 2009, and the supplemental record must be served and filed on or before that date; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until April 29, 2009, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court