Appellate Division: Second Judicial Department

M118790

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-06661 Clinton Avenue Owners Corporation, respondent, v Celestial Church of Christ, Ileri Oluwa Parish, appellant. (Index No. 281/07)

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 February 2011 Calendar," dated February 15, 2011, as dismissed an appeal from an order of the Supreme Court, Kings County, dated June 4, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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 February 15, 2011, as dismissed the instant appeal, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated June 4, 2010, is deemed to be a premature notice of appeal from a judgment of the same court dated August 4, 2010; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until May 18, 2011, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., ENG, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court