Appellate Division: Second Judicial Department

M144975

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2012-01675 Margie B. (Anonymous), etc., plaintiff- respondent, v Frederick R. Williams, et al., defendants-respondents, City of New York, appellant. (Index No. 19628/08)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - August 2012 Calendar," dated September 6, 2012, as dismissed its appeal from an order of the Supreme Court, Queens County, dated December 23, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, 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, so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the appeal in the above-entitled case is recalled and vacated, the appellant's time to perfect the appeal is enlarged until November 15, 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., BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court