Appellate Division: Second Judicial Department

M110501

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-00297, 2010-01531 Delray Hyman, appellant, v 2407 Grand Avenue Realty Corp., et al., respondents. (Index No. 3873/08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, 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 - July 2010 Calendar", dated August 4, 2010, which dismissed an appeal from an order of the Supreme Court, Kings County, dated November 12, 2009 (Appellate Division Docket No. 2010-00297), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, and to enlarge the time to perfect that appeal as well as an appeal from a judgment of the same court dated December 16, 2009 (Appellate Division Docket No. 2010-01531).

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 August 4, 2010, as dismissed the appeal from the order dated November 12, 2009 (Appellate Division Docket No. 2010-00297) is recalled and vacated, and the appeal from that order is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until November 30, 2010, and the record or appendix on the appeals 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., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court