Appellate Division: Second Judicial Department

M154549

S/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-10293, 2009-10294 Washington Mutual Bank, respondent, v Carolyn Schenk, appellant, et al., defendants. (Index No. 103377/06)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 9, 2013, in the above-entitled action is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant to enlarge the time to serve and file a reply brief on an appeals from two orders of the Supreme Court, Richmond County, both dated October 27, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appellant's time to serve and file a reply brief is enlarged until June 4, 2013; and it is further,

ORDERED that on or before May 20, 2013, the appellant shall contact the office of the Clerk of this Court, by telephone, at telephone number (718) 722-6307, to arrange a date, which shall be no later than June 4, 2013, on which the Clerk of this Court, or her designee, shall accept delivery of the appellant's reply brief at her home address; and it is further,

ORDERED that acceptance of such delivery by the Clerk of this Court, or her designee, shall constitute the filing of the appellant's reply brief on the appeals with the Clerk of this Court; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve one copy of the appellant's reply brief on the respondent.

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court