Community Preservation Corporation v Bridgewater Cond
Motion No: 2010-06869
Slip Opinion No: 2011 NY Slip Op 68372(U)
Decided on March 30, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117858

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-06869, 2010-06870

Community Preservation Corporation, appellant,

v Bridgewater Condominiums, LLC, et al.,

respondents.

(Index No. 18682/09)

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 February 2011 Calendar," dated February 15, 2011, as dismissed appeals from two orders of the Supreme Court, Nassau County, entered April 29, 2010, and May 5, 2010, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.

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 February 15, 2011, as dismissed the instant appeals, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until May 31, 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.

ANGIOLILLO, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court