Appellate Division: Second Judicial Department

M139795

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-02910 Carolyn Schenk, appellant, v Staten Island University Hospital, et al., respondents, et al., defendant. (Index No. 11938/01)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated May 31, 2012, which, inter alia, dismissed an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2009, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, and the decision and order on motion of this Court is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 17, 2012; and it is further,

ORDERED that, on or before July 5, 2012, the appellant shall contact the office of the Clerk of this Court, by telephone, at telephone number (718) 722-6307, to arrange a date, which shall be no later than July 17, 2012, on which the Clerk of this Court, or her designee, shall accept delivery of the appellant's brief at her home address; and it is further,

ORDERED that acceptance of such delivery by the Clerk of this Court, or her designee, shall constitute the filing of the appellant's brief on appeal with the Clerk of this Court; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve one copy of the appellant's brief on the respondent; and it is further,

ORDERED that in the event that the appellant fails to deliver a copy of her brief to the Clerk of the Court, or her designee, at the time and place agreed upon, the appeal shall be dismissed, without further notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court