Appellate Division: Second Judicial Department

M135722

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2011-05356, 2011-06216 Patrick F. Bisogno, appellant, v Lilas Borsa, et al., respondents. (Index No. 102110/10)

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 - February 2012 Calendar," dated February 3, 2012, as dismissed an appeal from an order of the Supreme Court, Richmond County, dated March 28, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, to enlarge the time to perfect that appeal, and to enlarge the time to perfect an appeal from a judgment of the same court dated April 28, 2011.

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

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated February 3, 2012, as dismissed the appeal from the order dated March 28, 2011, is recalled and vacated, and the appellant's time to perfect the appeals is enlarged until May 3, 2012, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court