Appellate Division: Second Judicial Department

M155833

E/nl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2012-03221 Anna Kavanagh, appellant, v 107-18 Realty Assn., et al., defendants, Uno Chicago Bar and Grill, respondent. (Index No. 1508/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, 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, Queens County, dated February 6, 2012 , pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until June 20, 2013, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court