Appellate Division: Second Judicial Department

M185347

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

RUTH C. BALKIN

BETSY BARROS, JJ.

2013-04475 Retained Realty, Inc., respondent, v Yawak H. Syed, appellant, et al., defendants. (Index No. 7863/10)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated August 20, 2014, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 15, 2012, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court dated July 1, 2013, and pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.

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 to recall and vacate so much of the decision and order on motion of this Court dated August 20, 2014, as dismissed the appeal is granted, and so much of the decision and order on motion dated August 20, 2014, as dismissed the appeal is recalled and vacated; and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is granted to the extent that the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order dated October 15, 2012 (see CPLR 5520[c); and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 23, 2015, and the record or appendix on the appeal 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.

RIVERA, J.P., SKELOS, BALKIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court