Appellate Division: Second Judicial Department

M103119

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-02072 Jason Afnaime, appellant, v Toriann Maiorio, respondent. (Index No. 10546/06)

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 - January 2010 Calendar," dated February 19, 2010, as dismissed an appeal from an order of the Supreme Court, Queens County, dated January 22, 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 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 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 June 18, 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.

SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court