Appellate Division: Second Judicial Department

M112384

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-09813, 2010-04059 Ronald J. Dougherty, appellant, v James P. O'Connor, respondent, et al., defendant. (Index No. 8614/07)

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, Suffolk County, dated September 16, 2009 (Appellate Division Docket No. 2009-09813), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, to enlarge the time to perfect an appeal from an order of the same court dated April 19, 2010 (Appellate Division Docket No. 2010-04059), and to consolidate the appeals.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated August 4, 2010, as dismissed the appeal from the order dated September 16, 2009 (Appellate Division Docket No. 2009-09813), and to reinstate that appeal are granted to the extent that so much of the decision and order on motion dated August 4, 2010, as dismissed the appeal from the order dated September 16, 2009, is recalled and vacated, and, on the Court's own motion, the appeal from the order dated September 16, 2009, is dismissed on the ground that the order was superseded by the order dated April 19, 2010 (Appellate Division Docket No. 2010-04059), which, upon reargument, adhered to the original determination, and those branches of the motion are otherwise denied; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the order dated September 16, 2009, and to consolidate the appeals are denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 19, 2010 (Appellate Division Docket No. 2010-04059), is granted, the appellant's time to perfect that appeal is enlarged until January 24, 2011, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court