Appellate Division: Second Judicial Department

M181561

E/htr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-03184 Elaine Wallace, appellant, v BSD-M Realty, LLC, etc., et al., respondents, et al., defendants. (Index No. 7150/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 18, 2013, to recall and vacate so much of a decision and order on motion of this Court dated June 12, 2014, as granted a motion by the respondent Abraham Weisel to dismiss the appeal insofar as taken against him as untimely taken, and a decision and order on motion of this Court dated August 25, 2014, which denied a motion by the respondent BSD-M Realty, LLC, to dismiss the appeal insofar as taken against it as untimely taken, for leave to file opposition to the motions, 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 branch of the motion which is recall and vacate the prior orders is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal with respect to BSD-M Realty, LLC, is granted, the appellant's time to perfect that appeal is enlarged until December 5, 2014, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court