Appellate Division: Second Judicial Department

M129042

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-00295 390 Kings Highway, LLC, appellant-respondent, v Dinara Maylov, respondent-appellant. (Index No. 1416/09)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2010 Calendar," dated August 4, 2010, as dismissed an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 5, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal and cross appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and so much of the decision and order on motion of this Court dated August 4, 2010, as dismissed the instant appeal and cross appeal is recalled and vacated; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until December 19, 2011, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

RIVERA, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court