Appellate Division: Second Judicial Department

M147690

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-03465 Elvis Taylor, appellant, v New York City Transit Authority, et al., respondents. (Index No. 4452/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated January 23, 2012, for a reconstruction hearing with respect to the proceedings which occurred on the afternoon of December 13, 2011, and on December 14, 2011, and to enlarge the time to perfect the appeal, or, in the alternative, for summary reversal.

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

ORDERED that the branch of the motion which is for a reconstruction hearing is granted, and the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the proceedings which occurred on the afternoon of December 13, 2011, and the proceedings which occurred on December 14, 2011, in the above-entitled case; if the minutes of the proceedings set forth above cannot be reconstructed the Supreme Court shall issue a report to this Court with all convenient speed; and it is further,

ORDERED that the appellant is directed to serve a copy of this decision and order on motion on the Clerk of the Court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is for summary reversal is denied, without prejudice to renew if reconstruction cannot be accomplished; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appeal shall be perfected within 60 days after the reconstruction hearing is completed.

DILLON, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court