Appellate Division: Second Judicial Department

M100448

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-03257 Stephanie Le, respondent, v Kevin Le, respondent-appellant; Lynn J. Brustein-Kampel, et al., nonparty- appellants-respondents. (Index No. 07-2369)

DECISION & ORDER ON MOTION

Motion by Kevin Le on an appeal and cross appeal from a judgment of the Supreme Court, IDV Part, Rockland County, entered February 25, 2009, in effect, to recall and vacate so much of a decision and order on motion of this court dated February 8, 2010, as dismissed his cross appeal, to reinstate his cross appeal, and to extend his time to comply with a decision and order on motion of this court dated December 15, 2009, which, inter alia, directed him to settle and file a copy of the trial transcript with the Clerk of this court by a date certain.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted , so much of the decision and order on motion dated February 8, 2010, as dismissed Kevin Le's cross appeal is recalled and vacated and the cross appeal is reinstated, on condition that Kevin Le settles and files the trial transcript on or before April 26, 2010.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court