Appellate Division: Second Judicial Department

M145739

E/sl

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2012-01231, 2012-06152 Anthony Colantonio, respondent, v Mercy Medical Center, et al., appellants. (Index No. 6273/11)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this Court dated September 6, 2012, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - August 2012 Calendar," as dismissed an appeal from an order of the Supreme Court, Nassau County, dated January 3, 2012, to reinstate that appeal, and to enlarge the time to perfect that appeal as well as an appeal from an order of the same court dated May 7, 2012. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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 from the order dated January 3, 2012, is recalled and vacated, that appeal is reinstated, the time to perfect the appeals is enlarged, and the record on the appeals and the appellants' brief submitted to the Clerk of the Court are accepted for filing and deemed timely served; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 3, 2012, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court