Appellate Division: Second Judicial Department

M111246

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-07291 Tony Perpignan, appellant, v First Franklin Financial Corp., etc., respondent. (Index No. 2734/08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to reargue the respondent's prior motion to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2009, for failure to comply with a decision and order on motion of this Court dated June 2, 2010, by timely serving and filing a supplemental record containing certain documents, which was determined by decision and order on motion of this Court dated September 23, 2010, and to reinstate the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, and upon reargument, the order dated September 23, 2010, is recalled and vacated, the appeal is reinstated, the respondent's prior motion to dismiss the appeal is denied, and on or before December 3, 2010, the appellant shall serve and file a supplemental record in the form attached to his motion papers; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until January 3, 2011, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court