Appellate Division: Second Judicial Department

M126185

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-11956 Volunteer Fire Association of Tappan, Inc., respondent-appellant, v County of Rockland, et al., appellants-respondents. (Index No. 07-10907)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent Morano Brothers Corp., in effect, to recall and vacate a decision and order on motion of this Court dated April 5, 2011, which (1) deemed the notices of appeal and the notice of cross appeal from a judgment of the Supreme Court, Rockland County, dated November 17, 2010, to be notices of appeal and a notice of cross appeal from a corrected judgment of the same court dated December 13, 2010, and (2) granted a renewed motion by the respondent-appellant to dismiss the appeal by Morano Brothers Corp.

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 of this Court dated April 5, 2011, is recalled and vacated, the renewed motion is denied, the appeal by Morano Brothers Corp. from the judgment dated November 17, 2010, is reinstated, and the appellants-respondents' time to perfect the appeals is enlarged until October 24, 2011, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court