Appellate Division: Second Judicial Department

M161708

E/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2012-08633 In the Matter of Santunu Rafi, petitioner, v Albert Prack, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner 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 - November 2012 Calendar," dated November 29, 2012, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, entered December 23, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated November 29, 2012, as dismissed the proceeding, is recalled and vacated, the proceeding is reinstated, and the time to perfect the proceeding is enlarged until November 6, 2013, and the record or appendix and the petitioner's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court