Appellate Division: Second Judicial Department

M130558

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2011-00208 Agnes McDonald, respondent-appellant, v Sara Kohanfars, et al., appellants-respondents. (Index No. 15338/07)

DECISION & ORDER ON MOTION

Motion by Sara Kohanfars and Fariburz Kohan, in effect, to recall and vacate an order on application of this Court dated August 16, 2011, which granted their application to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 22, 2010, and reinstate their appeal. Cross motion by Agnes McDonald to enlarge the time to perfect her appeal from the order dated November 22, 2010.

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

ORDERED that the motion is granted, the order on application of this Court dated August 16, 2011, is recalled and vacated, the application to withdraw the appeal is deemed withdrawn, the appeal by Sara Kohanfars and Fariburz Kohan is reinstated, and the time of Sara Kohanfars and Fariburz Kohan to perfect their appeal is enlarged until January 19, 2012, and the joint record or appendix on the appeal and cross appeal and their brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied as premature.

RIVERA, J.P., FLORIO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court