Appellate Division: Second Judicial Department

M96542

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-05879 Shirley Goldstein, respondent, v Paul Guida, et al., appellants. (Index No. 8940/06)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate a decision and order on application of this court dated November 18, 2009, which dismissed an appeal from an order of the Supreme Court, Kings County, dated May 1, 2009, to reinstate the appeal, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court dated July 28, 2009, 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 the decision and order on application of this court dated November 18, 2009, is recalled and vacated; and it is further,

ORDERED that the notice of appeal from the order dated May 1, 2009, is deemed to be a premature notice of appeal from the judgment dated July 28, 2009 (see CPLR 5520[c]); and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until January 27, 2010, and the record on appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that if the missing transcripts of the proceedings are not located within that time then the appellants must move for additional time to perfect the appeal and make a motion in the Supreme Court, Kings County, for a reconstruction hearing.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court