Appellate Division: Second Judicial Department

M97289

S/sl

JOSEPH COVELLO, J.P.

FRED T. SANTUCCI

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-02992 Amelia Manya Emily Ort, respondent, v Phillip Ort, et al., defendants, Jeffrey Martin, appellant. (Index No. 45230/07)

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 29, 2009, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 14, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been 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 29, 2009, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until February 1, 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 no further enlargement of time shall be granted.

COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court