Appellate Division: Second Judicial Department

M96883

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2008-02531, 2008-09871, 2008-10842 2008-11665, 2009-01169 Bank of America, N.A. (USA), respondent, v Baijnath Agiwal, appellant. (Index No. 2115/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, 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 - July 2009 Calendar" dated July 31, 2009, as dismissed appeals from four orders of the Supreme Court, Queens County, entered February 14, 2008, September 12, 2008, and November 25, 2008, December 4, 2008 (Appellate Division Docket Nos. 2008-02531, 2008-09871, 2008-10842, 2008-11665), respectively, to reinstate those appeals, to waive the filing fee with respect to an appeal from an order of the same court entered February 5, 2009 (Appellate Division Docket No. 2009-01169), and to enlarge the time to perfect the appeal from the order entered February 5, 2009.

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 branches of the motion which are, in effect, to recall and vacate so much of the decision and order dated July 31, 2009, as dismissed appeals from the orders entered February 14, 2008, September 12, 2008, and November 25, 2008, December 4, 2008 (Appellate Division Docket Nos. 2008-02531, 2008-09871, 2008-10842, 2008-11665), respectively, and to reinstate those appeals are denied; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee with respect to the appeal from the order entered February 5, 2009 (Appellate Division Docket No. 2009-01169) 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 entered February 5, 2009 (Appellate Division Docket No. 2009-01169), is granted, and the appellant's time to perfect that appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until February 10, 2010; 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.

SKELOS, J.P., SANTUCCI, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court