Appellate Division: Second Judicial Department

M155883

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2012-07109 Nils R. Berthen, etc., et al., appellants, v John Paul Bania, et al., respondents. (Index No. 21222/09)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, 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 - February 2013 Calendar," dated February 19, 2013, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated May 18, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and to reinstate the appeal.

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 February 19, 2013, as dismissed the appeal and to reinstate the appeal are granted; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated February 19, 2013, as dismissed the above-captioned appeal is recalled and vacated and that appeal is reinstated; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until June 5, 2013, and on or before that date, the appellants shall either perfect the appeal or withdraw the appeal, if the appellants be so advised; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court