Appellate Division: Second Judicial Department

M129676

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2011-01765 Oscar Starker, appellant, v Trump Village Section 4, Inc., et al., defendants, New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 7627/09)

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, Kings County, dated December 2, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, to waive the filing fee, and for poor person relief.

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, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted, and so much of the decision and order on motion dated July 29, 2011, as dismissed the appeal, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 30, 2011, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court