Appellate Division: Second Judicial Department

M92948

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-00160 In the Matter of Autotech Collision, Inc., petitioner, v Incorporated Village of Lynbrook, et al., respondents. (Index No. 3219/07)

DECISION & ORDER ON MOTION

Motion by the petitioner 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 - July 2009 Calendar," dated July 31, 2009, as dismissed a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Nassau County, dated December 12, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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 so much of the decision and order on motion of this court dated July 31, 2009, as dismissed the instant proceeding, is recalled and vacated; and it is further,

ORDERED that the petitioner's time to perfect the proceeding by filing a record or appendix and a brief is enlarged until December 8, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the respondents shall serve and file their brief in accordance with the rules of the court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that the respondents may file the subject hearing transcripts as exhibits to the record or appendix in accordance with the decision and order on motion of this court dated June 8, 2009.

FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court