Appellate Division: Second Judicial Department

M136838

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-08303 Robert Crozier, respondent, v Thomas Sauers, appellant, et al., defendant. (Index No. 17518-08)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated February 14, 2012, as dismissed an appeal from a decision of the Supreme Court, Suffolk County, dated July 25, 2011, on the ground that no appeal lies from a decision, and to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court dated August 15, 2011.

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 branch of the motion which is to recall and vacate so much of the decision and order on motion dated February 14, 2012, as dismissed the appeal is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until June 25, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court