Appellate Division: Second Judicial Department

M96723

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-03589 2009-03591, 2009-03592, 2009-03594 Stephen Bort, etc., appellant, v Yakov Perper, etc., et al., respondents. (Index No. 15024/02)

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 appeals from a judgment of the Supreme Court, Kings County, entered February 20, 2009, and three orders of the same court dated May 27, 2004, December 20, 2006, and December 8, 2008, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeals, and to enlarge the time to perfect the appeals.

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 appeals, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until February 1, 2010, and the record on appeal or appendix 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court