Appellate Division: Second Judicial Department

M101296

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

PLUMMER E. LOTT, JJ.

2009-02864 Manuel Segura, appellant, v Katherine R. Hults, et al., respondents. (Index No. 5616-06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion dated August 10, 2009, which granted a motion by the respondent Katherine R. Hults to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 4, 2008, in effect, as to her, as untimely taken, and to enlarge the time to perfect his appeal. Application by the respondent Rafael Herrand-Gomez to dismiss the appeal as to him, as untimely taken.

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

ORDERED that the branch of the motion which is, in effect, to recall and vacate the decision and order on motion dated August 10, 2009, which dismissed the appeal as to the respondent Katherine R. Hults, is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal as to the respondent Katherine R. Hults, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal as to the respondent Rafael Herrand-Gomez is granted, the appellant's time to perfect the appeal is enlarged until June 14, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is denied without prejudice to making a motion for this relief (see CPLR 8022[b]).

PRUDENTI, P.J., RIVERA, COVELLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court