Appellate Division: Second Judicial Department

M161726

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2012-10333 Hetal Naik, appellant, v Sheetal Naik, respondent. (Index No. 11-12207)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated March 4, 2013, as dismissed an appeal from a decision of the Supreme Court, Westchester County, dated July 26, 2012, on the ground that no appeal lies from a decision, to reinstate the appeal, and to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same Court dated October 11, 2012.

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

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated March 4, 2013, as dismissed the appeal is recalled and vacated, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c); and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 21, 2013, and the record or appendix on the 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.

SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court