Appellate Division: Second Judicial Department

M182393

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-00774 In the Matter of William Brown, appellant, v Janet DiFiore, etc., et al., respondents. (Index No. 734/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se 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 - June 2014 Calendar," dated June 27, 2014, as dismissed an appeal from a judgment of the Supreme Court, Westchester County, entered October 24, 2013, in the above-entitled matter, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, and to waive the filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated June 27, 2014, as dismissed the appeal, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until January 5, 2015; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied.

BALKIN, J.P., CHAMBERS, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court