Appellate Division: Second Judicial Department

M175821

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2013-08073 Dana Gentile, etc., appellant, v Joseph A. Gentile, et al., respondents. (Index No. 10-13299)

DECISION & ORDER ON MOTION

Motion by Dana Gentile 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 - April 2014 Calendar," dated April 17, 2014, as dismissed an appeal from a judgment of the Supreme Court, Westchester County, dated June 19, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, 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, so much of the decision and order on motion of this Court dated April 17, 2014, as dismissed the appeal, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until August 25, 2014, and the record or appendix on 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.

BALKIN, J.P., LEVENTHAL, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court