Appellate Division: Second Judicial Department

M112305

J/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-09374 Filippo Davi, appellant, v Maria Occhino, respondent. (Index No. 17848/05)

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 - July 2010 Calendar," dated August 4, 2010, as dismissed an appeal from an order of the Supreme Court, Queens County, entered October 25, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, 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 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 instant appeal, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 12, 2011, 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.

RIVERA, J.P., DICKERSON, LOTT and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court