Appellate Division: Second Judicial Department

M85593

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REINALDO E. RIVERA, J.P.

MARK C. DILLON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-07141, 2008-07515 Matthew A. Perez, etc., et al., appellants, v Stacy A. Madoff, et al., respondents, et al., defendants. (Index No. 2271/05)

DECISION & ORDER ON MOTION

Motion by the appellants 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 - February 2009 Calendar," dated March 17, 2009, as dismissed an appeal from a judgment of the Supreme Court, Dutchess County, entered July 14, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, to enlarge the time to perfect that appeal as well as an appeal from a judgment of the same court entered July 22, 2008, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 March 17, 2009, as dismissed the appeal from the judgment entered July 14, 2008 (Appellate Division Docket No. 2008-07141), and to reinstate that appeal are granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellants' time to perfect the appeals is enlarged until May 22, 2009, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court