Appellate Division: Second Judicial Department

M95078

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-01081 Jacqueline Felix, respondent, v Robert Felix, appellant. (Index No. 50748/05)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - October 2009 Calendar," dated October 23, 2009, as dismissed an appeal from a judgment of the Supreme Court, Richmond County, dated December 11, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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 October 23, 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 December 30, 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.

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court