Appellate Division: Second Judicial Department

M122572

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-10828, 2011-03385 Marilyn Ramjattan, plaintiff-respondent, v 1625 Flatbush, LLC, defendant third- party plaintiff-appellant, SP Home Grown Entertainment Corp., et al., third-party defendants-respondents. (Index No. 17118/08)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate an order on application of this Court dated March 3, 2011, which granted the appellant's application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 20, 2010, to reinstate the appeal, to enlarge the time to perfect the appeal, and to consolidate the appeal with an appeal from an order of the same court dated February 10, 2011.

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 the order on application dated March 3, 2011, to reinstate the appeal from the order dated August 20, 2010 (Appellate Division Docket No. 2010-10828) and to enlarge the time to perfect that appeal are granted, the order on application dated March 3, 2011, is recalled and vacated, and the appellant's time to perfect the appeal from the order dated August 20, 2010, is enlarged until August 1, 2011; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court