Appellate Division: Second Judicial Department

M179738

E/ct

PETER B. SKELOS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2014-01334 Loretta Mistretta, respondent, v Peter Mistretta, appellant. (Index No. 8346/10)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated June 18, 2014, as dismissed an appeal from a decision of the Supreme Court, Suffolk County, dated November 1, 2013, to deem the notice of appeal from the decision to be a notice of appeal from a judgment of the same court entered January 16, 2014, and to enlarge the time to perfect the 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 June 18, 2014, as dismissed the appeal from the decision dated November 1, 2013, is recalled and vacated, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c), the appellant's time to perfect the appeal is enlarged until October 30, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court