Appellate Division: Second Judicial Department

M118074

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-08545, 2010-06196, 2010-06198, 2010-06199 David Grossman, respondent, v Maria Composto-Longhi, appellant. (Index No. 27755/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se 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 three orders of the Supreme Court, Suffolk County, dated March 19, 2010, April 8, 2010, and May 11, 2010, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate those appeals, to enlarge the time to perfect those appeals as well as an appeal from an order of the same court dated July 20, 2009, and to waive the filing fee for the motion and the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 February 15, 2011, as dismissed the appeals from the orders dated March 19, 2010, April 8, 2010, and May 11, 2010, respectively, and to reinstate those appeals are granted, and so much of the decision and order on motion of this Court dated February 15, 2011, as dismissed those appeals, is recalled and vacated; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated March 19, 2010 (Appellate Division Docket No. 2010-06199), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701[a]), and we decline to grant leave to appeal; 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 March 19, 2010 (Appellate Division Docket No. 2010-06199), is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated July 20, 2009, April 8, 2010, and May 11, 2010, is granted, the appellant's time to perfect those appeals is enlarged until May 4, 2011, and the record or appendix on the appeals 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, and it is further,

ORDERED that the branch of the motion which is to waive the filing fee for the motion is granted, and it is further,

ORDERED that the branch of the motion which is to waive the filing fee for the appeal is denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court