Appellate Division: Second Judicial Department

M151308

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-03580, 2012-03842 Faramarz Roshodesh, appellant, v Adam Plotch, et al., respondents. (Index No. 25537/09)

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 an appeal from an order of the Supreme Court, Queens County, entered July 8, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, to enlarge the time to perfect that appeal as well as an appeal from an order of the same court entered December 27, 2011, and to consolidate the appeals.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the appeal from the order entered July 8, 2011, to reinstate that appeal, and to enlarge the time to perfect the appeals are granted; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated September 6, 2012, as dismissed the appeal from the order entered July 8, 2011, is recalled and vacated, and that appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until April 1, 2013, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court