Foundation Capital Resources, Inc. v Bokharian Jewish Co
Motion No: 2009-07610
Slip Opinion No: 2010 NY Slip Op 70398(U)
Decided on May 5, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102236

S/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-07610

Foundation Capital Resources, Inc., plaintiff-

respondent, v Bokharian Jewish Community

Center, Inc., appellant, IMR Realty Corp.,

et al., defendants-respondents.

(Index No. 3807/08)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 18, 2009.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that so much of the decision and order on motion dated April 19, 2010, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2010 Calendar", as dismissed the above-entitled appeal by the Bokharian Jewish Community Center, Inc., is recalled and vacated and the appeal by the Bokharian Jewish Community Center, Inc., is reinstated; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 28, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court