Appellate Division: Second Judicial Department

M98713

E/sl

JOHN M. LEVENTHAL, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-00445 In the Matter of Vickie Benjamin, petitioner, v Gladys Carrion, etc., et al., respondents. (Index No. 07-11781)

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 - July 2009 Calendar," dated July 31, 2009, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Westchester County, entered July 29, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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 instant appeal, is recalled and vacated; and it is further,

ORDERED that the petitioner's time to perfect the proceeding is enlarged until April 1, 2010, and the record or appendix and the petitioner'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.

LEVENTHAL, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court