Appellate Division: Second Judicial Department

M100602

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-00229 Wells Fargo Bank, N.A., etc., respondent, v Alex T. Christie, et al., defendants, Emilson E. Restreppo, appellant. (Index No. 15743/07)

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 - July 2009 Calendar," dated July 31, 2009, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated November 7, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are to recall and vacate so much of a decision and order on motion of this court dated July 31, 2009, as dismissed the appeal, to reinstate the appeal, and to enlarge the time to perfect the appeal are 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 appellant's time to perfect the appeal is enlarged until June 1, 2010, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is denied.

RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court