Appellate Division: Second Judicial Department

M94256

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-00729, 2009-03890, 2009-06739 Anderson Street Realty Corp., appellant, v New Rochelle Revitalization, LLC, respondent. (Appeal Nos. 1 and 2) Anderson Street Realty Corp., respondent, v New Rochelle Revitalization, LLC, appellant. (Appeal No. 3) (Index No. 08-22975)

DECISION & ORDER ON MOTION

Motion by Anderson Street Realty Corp., in effect, to recall and vacate so much of a decision and order on motion of this court dated August 14, 2009, as dismissed appeals from two orders of the Supreme Court, Westchester County, entered December 15, 2008 (Appellate Division Docket No. 2009-00729), and March 25, 2009 (Appellate Division Docket No. 2009-03890), respectively, and, in effect, to extend its time to perfect those appeals until after determination of an appeal from an order of the same court entered June 9, 2009 (Appellate Division Docket No. 2009-06739).

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

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated August 14, 2009, as dismissed the appeal from the order entered December 15, 2008 (Appellate Division Docket No. 2009-00729), is denied without prejudice to renew after the appeal from the order entered June 9, 2009 (Appellate Division Docket No. 2009-06739), is determined; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court