Appellate Division: Second Judicial Department

M102838

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-02431 Michael Grucci, appellant, v Christine Grucci, respondent. (Index No. 7422-02)

DECISION & ORDER ON MOTION

Renewed 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 - January 2010 Calendar," dated February 19, 2010, as dismissed an appeal from a judgment of the Supreme Court, Suffolk County, entered February 3, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 February 19, 2010, 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 May 24, 2010, and the record on appeal and the appellant's 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.

RIVERA, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court