Appellate Division: Second Judicial Department

M121912

E/sl

WILLIAM F. MASTRO, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-08162 Thomas Wolff, appellant, v Julie E. Glick, etc., et al., respondents. (Index No. 3705/09)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated February 10, 2011, as dismissed an appeal from a decision of the Supreme Court, Putnam County, dated July 26, 2010, to reinstate the appeal, to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court dated September 15, 2010, 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, so much of the decision and order on motion of this Court dated July 26, 2010, as dismissed the appeal is recalled and vacated, and the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 22, 2011, and the record or appendix on the 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.

MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court