Appellate Division: Second Judicial Department

M164798

E/nl

PLUMMER E. LOTT, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2012-10285 Dorothy Alexis, appellant, v Gibson Property Management International, Inc., et al., respondents, et al., defendants. (Index No. 44726/07)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - July 2013 Calendar," dated August 5, 2013, as dismissed an appeal from an order of the Supreme Court, Kings County, dated July 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 an appeal.

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, so much of the decision and order on motion of this Court dated August 5, 2013, as dismissed the instant appeal, is recalled and vacated the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until December 4, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

LOTT, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court