Appellate Division: Second Judicial Department

M95987

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2008-05003, 2009-05543 Deutsche Bank National Trust Co., respondent, v Marilyn E. Matheson, appellant. (Index No. 7241/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated May 21, 2009, which dismissed an appeal from an order of the Supreme Court, Dutchess County, dated May 1, 2008 (Appellate Division Docket No. 2008-05003), for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court and to reinstate that appeal, and to enlarge the time to perfect that appeal and an appeal from an order of the Supreme Court, Dutchess County, dated May 15, 2009 (Appellate Division Docket No. 2009-05543).

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion dated May 21, 2009, and to reinstate the appeal from the order dated May 1, 2008 (Appellate Division Docket No. 2008-05003) is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 15, 2009 (Appellate Division Docket No. 2009-05543) is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 29, 2010, and the record or appendix on the 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; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court