Appellate Division: Second Judicial Department

M97500

J/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-03717 In the Matter of Wesley Vaughn, petitioner, v Warden Orlando, etc., respondent. (Index No. 08-21225)

DECISION & ORDER ON MOTION

Motion by the petitioner 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 a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated January 30, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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

ORDERED that the petitioner's time to perfect the proceeding is enlarged until March 22, 2010, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court