Appellate Division: Second Judicial Department

M149537

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-07903, 2012-07379 Debcon Financial Services, Inc., plaintiff-respondent, v 83-17 Broadway Corp., et al., defendants, Demetra Sirica, appellant; Joseph Noormand, nonparty- respondent. (Index No. 21257/98)

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 - April 2012 Calendar," dated April 18, 2012, as dismissed an appeal from an order of the Supreme Court, Queens County, dated June 2, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, and to enlarge the time to perfect an appeal from an order of the same court dated May 30, 2012.

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

ORDERED that the motion is granted, and so much of the decision and order on motion of this Court dated April 18, 2012, as dismissed the appeal from the order dated June 2, 2011, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until February 28, 2013, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., LOTT, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court