Appellate Division: Second Judicial Department

M102300

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2010-00406 Braden Reardon, plaintiff-respondent, v Dean Zaidan, et al., appellants, Broderick Simpson, defendant-respondent. (Index No. 28036/08)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate an order on application of this court dated March 19, 2010, which granted their application to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 30, 2009, to reinstate the appeal, to deem the application to withdraw the appeal to be an application to withdraw a notice of appeal dated January 4, 2010, 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 branch of the motion which is to recall and vacate the order dated March 19, 2010, is granted, and the appeal is reinstated; and it is further,

ORDERED that the application to withdraw the appeal is deemed to be an application to withdraw a notice of appeal dated January 4, 2010, the application is granted, and the appeal will proceed on the notice of appeal dated February 8, 2010; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature.

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

ENTER:

James Edward Pelzer

Clerk of the Court