| Prospect Park Management, LLC v Beatty |
| Motion No: 2008-04779 |
| Slip Opinion No: 2009 NY Slip Op 84424(U) |
| Decided on September 25, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M92406
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2008-04779 Prospect Park Management, LLC, appellant, v Albert Beatty, et al., respondents. (Index No. 12698/00)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant to recall and vacate so much of a decision and order of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2009 Calendar", dated March 17, 2009, which dismissed an appeal from an order of the Supreme Court, Kings County, dated May 6, 2008, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 March 17, 2009, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 26, 2009, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court