Appellate Division: Second Judicial Department

M171540

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-05662, 2013-06579 Joseph Martens, et al., respondents, v Gladiator Realty Corp., appellant. (Index No. 9490/12)

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 - January 2014 Calendar," dated February 11, 2014, as dismissed appeals from an order of the Supreme Court, Kings County, dated March 25, 2013, and a judgment of the same court entered May 1, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, in effect, to withdraw the appeal from the order, to reinstate the appeal from the judgment, and to enlarge the time to perfect the appeal from the judgment.

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Court dated February 11, 2014, as dismissed the appeals, is recalled and vacated, the appeal from the order is deemed withdrawn, and the appeal from the judgment is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged until April 23, 2014, and the record or appendix and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court