Appellate Division: Second Judicial Department

M97486

J/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2008-09380, 2008-10522 Dagoberto Cabral, appellant, v Luz Cabral, respondent. (Index No. 01-1517)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Westchester County, dated September 17, 2008, and a judgment of the same court dated October 8, 2008, (1) 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 the appeal from the judgment pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, and to enlarge the time to perfect that appeal, (2) to consolidate the appeals, and (3) to deem the appendix and brief filed in connection with the appeal from the decision to be the appendix and brief for the appeal from the judgment.

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 motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated July 31, 2009, as dismissed the appeal from the judgment, is recalled and vacated; and it is further,

ORDERED that the appeals are consolidated and the appendix and brief filed in connection with the appeal from the decision (Appellate Division Docket No. 2008-09380) are deemed to be the appendix and brief filed in connection with the appeal from the judgment (Appellate Division Docket No. 2008-10522);

ORDERED that on or before February 1, 2010, the appellant shall serve and file a supplemental appendix containing the notice of appeal from the judgment as well as the judgment; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged, and the respondent's brief shall be served and filed on or before March 3, 2010.

DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court