Appellate Division: Second Judicial Department

M189518

T/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2013-10219, 2013-10469 Juvondi Pender, appellant, v Morris Duffy Alonso Faley, LLP, respondent. (Index No. 1622/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated October 21, 2014, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 18, 2013, to reinstate that appeal, and to enlarge the time to perfect that appeal and an appeal from an order of the same court dated May 15, 2013. Cross motion by the respondent to dismiss the appeal from the order dated May 15, 2013, for failure to timely perfect.

Upon the papers filed in support of the motion and the cross 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 October 21, 2014, as dismissed the appeal from the order dated October 18, 2013, and to reinstate that appeal are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 15, 2013, is denied; and it is further,

ORDERED that the cross motion is granted and the appeal from the order dated May 15, 2013, is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., DICKERSON, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court