Rosenfeld v Baker
Motion No: 2009-02706
Slip Opinion No: 2009 NY Slip Op 92394(U)
Decided on December 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M96491

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-02706, 2009-02707, 2009-02709,

2009-05136

Donna Rosenfeld, appellant,

v Wilbert Baker III, et al., respondents.

(Index No. 694/04)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, 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 appeals from a judgment of the Supreme Court, Suffolk County, entered February 25, 2009 (Appellate Division Docket No. 2009-02706), and two orders of the same court dated September 8, 2008 (Appellate Division Docket No. 2009-02707), and January 12, 2009 (Appellate Division Docket No. 2009-02709), respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect those appeals as well as an appeal from an order of the same court dated April 17, 2009 (Appellate Division Docket No. 2009-05136).

Upon the papers filed in support of the motion and no papers having been filed in relation or 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 appeals from the judgment entered February 25, 2009 (Appellate Division Docket No. 2009-02706), and two orders dated September 8, 2008 (Appellate Division Docket No. 2009-02707), and January 12, 2009 (Appellate Division Docket No. 2009-02709), respectively, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until January 22, 2010, 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.

BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court