Appellate Division: Second Judicial Department

M188997

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-04834 Tomtrans Taxi Ltd., respondent, v Woodside Management, Inc., appellant. (Index No. 500432/11)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court dated January 12, 2015, as dismissed an appeal from an order of the Supreme Court, Kings County, dated April 16, 2014, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court dated April 21, 2014, or to treat the notice of appeal from the order as an application for leave to 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 branch of the motion which is to recall and vacate so much of the decision and order on motion of this Court dated January 12, 2015, as dismissed the appeal is granted; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 15, 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 as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court