Appellate Division: Second Judicial Department

M173390

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2013-09185 Wells Fargo Bank, N.A., respondent, v C.J.K. Realty Corp., et al., appellants, et al., defendants (Index No. 19587/12)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated February 26, 2014, as dismissed an appeal from a decision of the Supreme Court, Queens County, entered July 16, 2013, to deem the notice of appeal from the decision to be a notice of appeal from an order of the same court entered October 7, 2013, 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 to the extent that so much of the decision and order on motion of this Court dated February 26, 2014, as dismissed the appeal from the decision is recalled and vacated, and the notice of appeal from the decision is deemed to be a premature notice of appeal from the order (see CPLR 5520[c], the time to perfect the appeal is enlarged until July 1, 2014, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court