Appellate Division: Second Judicial Department

M137257

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-01798, 2012-01800 Sherri Prohaszka, respondent, v German G. Prohaszka, appellant. (Index No. 447/09)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated March 20, 2012, which dismissed appeals from two orders of the Supreme Court, Putnam County, dated January 11, 2012, and January 31, 2012, respectively, on the ground that no appeal lies as of right from orders that are not the result of a motion made on notice, and to reinstate the appeals.

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

ORDERED that the motion is granted to the extent that so much of the decision and order on motion of this Court dated March 20, 2012, as dismissed the appeal from the order dated January 31, 2012 (Appellate Division Docket No. 2012-01800), is recalled and vacated and that appeal is reinstated, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from the order dated January 31, 2012, and leave to appeal from that order is granted (see CPLR 5701); and it is further,

ORDERED that on the Court's own motion the appellant's time to perfect the appeal from the order dated January 31, 2012, is enlarged until July 3, 2012, and the record on appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court