Appellate Division: Second Judicial Department

M124880

E/ct

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-00636 Brian McMenamin, appellant, v Rosemary McMenamin, respondent. (Index No. 09-2272)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated March 1, 2011, which dismissed an appeal from a decision of the Supreme Court, Westchester County, entered November 24, 2010, and, in effect, deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court dated March 28, 2011, 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, the decision and order on motion dated March 1, 2011, is recalled and vacated, and the notice of appeal from the decision entered November 24, 2010, is deemed to be a premature notice of appeal from the judgment dated March 28, 2011 (see CPLR 5520[c]); and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 11, 2011, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.

MASTRO, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court