Appellate Division: Second Judicial Department

M101739

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-05741, 2009-05611 Viviane Marcellus-Montrose, respondent, v Jean Marc Montrose, appellant. (Index No. 202063/05)

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 - February 2009 Calendar," dated March 17, 2009, as dismissed an appeal from a decision of the Supreme Court, Nassau County, dated May 15, 2008 (Appellate Division Docket No. 2008-05741), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, for leave to withdraw the appeal, and, in effect, to enlarge the time to perfect the appeal from a judgment of the Supreme Court, Nassau County, entered February 25, 2009 (Appellate Division Docket No. 2009-05611).

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 March 17, 2009, as dismissed the appeal from the decision dated May 15, 2008 (Appellate Division Docket No. 2008-05741), is recalled and vacated, and that appeal is marked withdrawn; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment entered February 25, 2009 (Appellate Division Docket No. 2009-05611), by re-serving and filing the appellant's appendix and the appellant's brief is enlarged until May 24, 2010, and the appendix and 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.

DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court