Appellate Division: Second Judicial Department

M131665

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-08746 Garden Homes Mobile Home Park Company Limited Partnership, respondent, v Dahyabhai Patel, et al., appellants. (Index No. 6371/09)

DECISION & ORDER ON MOTION

Motion by the appellants 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, Dutchess County, dated July 23, 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 direct the appellants' former counsel to turn over all files in her possession to the appellants' current counsel.

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 of this Court, dated July 29, 2011, as dismissed the appeal, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted, so much of the decision and order on motion of this Court, dated July 29, 2011, as dismissed the appeal, is recalled and vacated, the appellants' time to perfect the appeal is enlarged until March 19, 2012, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to direct the appellants' former counsel to turn over all files in her possession to the appellants' current counsel is denied without prejudice to seeking relief in the Supreme Court, Dutchess County.

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

ENTER:

Aprilanne Agostino

Clerk of the Court