Appellate Division: Second Judicial Department

M112755

E/sl

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-02327, 2010-10663 Hellas Fos, Inc., appellant, v Antonio Russo, et al., defendants, Bayview Loan Servicing, LLC, respondent. (Index No. 33494-07)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to file a notice of appeal from a judgment of the Supreme Court, Suffolk County, dated July 29, 2010 (Appellate Division Docket No. 2010-10663). An appeal by Hellas Fos, Inc., from an order of the Supreme Court, Suffolk County, dated December 18, 2009 (Appellate Division Docket No. 2010-02327), was dismissed by a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2010 Calendar," dated December 1, 2010.

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

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated December 1, 2010, as dismissed the appeal from the order dated December 18, 2009 (Appellate Division Docket No. 2010-02327), is recalled and vacated, and that appeal is reinstated; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated December 18, 2009 (Appellate Division Docket No. 2010-02327), is also deemed to be a notice of appeal from the judgment dated July 29, 2010 (Appellate Division Docket No. 2010-10663)(see CPLR 5501[c]); and it is further,

ORDERED that the appellant shall perfect the appeals on or before January 14, 2011; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is denied.

FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court