Appellate Division: Second Judicial Department

M128029

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-00467 Paul Ackerman, etc., respondent, v Stephen E. Kesselman, etc., et al., appellants, et al., defendant. (Index No. 12816/08)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to recall and vacate so much of a decision and order on motion of this Court dated August 4, 2010, as granted that branch of their motion to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 26, 2009, to reinstate the appeal, and to enlarge the time to perfect the appeal. Separate motion by the appellants to admit pro hac vice Daniel R. Bryer, an attorney in good standing in the State of Illinois, to represent them on the appeal

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that so much of the decision and order on motion dated August 4, 2010, as granted that branch of the appellants' motion which was to withdraw the appeal is recalled and vacated, the appeal is reinstated, the appellants' time to perfect the appeal is enlarged until December 12, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court