Appellate Division: Second Judicial Department

M108695

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2009-08046 In the Matter of Richard Salvatierra, petitioner, v Captain Weeden, etc., respondent. (Index No. 08-12241)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se 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 - April 2010 Calendar," dated April 19, 2010, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Orange County, dated July 2, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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 April 19, 2010, as dismissed the instant proceeding, is recalled and vacated; and it is further,

ORDERED that the time to perfect the proceeding is enlarged until December 22, 2010, and the record or appendix and the petitioner'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., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court