Appellate Division: Second Judicial Department

M110428

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-01764 Randie J. Sanford, respondent, v Gary J. Sanford, appellant. (Index No. 200950/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated July 23, 2010, which dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered December 4, 2009, for failure to comply with a scheduling order dated May 7, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), 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 or in relation thereto, it is

ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion dated July 23, 2010, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted; and it is further,

ORDERED that the decision and order on motion of this Court dated July 23, 2010, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 28, 2010, and the record or appendix 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., FLORIO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court