Appellate Division: Second Judicial Department

M129139

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-01347 NTL Capital, LLC, respondent, v Ellen Barasch, appellant. (Index No. 14035/08)

DECISION & ORDER ON MOTION

Motion by the appellant 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 2011 Calendar," dated July 29, 2011, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered December 21, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, and to stay an inquest on the issue of damages in the above-entitled action, pending hearing and determination of the appeal.

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 so much of the decision and order on motion dated July 29, 2011, as dismissed the appeal from the order entered December 21, 2010, to reinstate the appeal, and to enlarge the time to perfect the appeal granted, so much of the decision and order on motion of this court dated July 29, 2011, as dismissed the instant appeal, is recalled and vacated, and the appellant's time to perfect the appeal is enlarged until January 23, 2012, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to stay the inquest on the issue of damages in the above-entitled action is denied.

DILLON, J.P., ENG, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court