Appellate Division: Second Judicial Department

M189756

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-03021, 2014-06497 Waldemar Murray, et al., appellants, v Mitchell Charap, respondent. (Index No. 22728/06)

DECISION & ORDER ON MOTION

Motion by the appellants 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 - December 2014," dated January 5, 2015, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated November 22, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect that appeal as well as an appeal from an order of the same court dated April 21, 2014.

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

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated January 5, 2015, as dismissed the appeal from the order dated November 22, 2013, is recalled and vacated, and that appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until May 29, 2015, and the record or appendix and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

Aprilanne Agostino

Clerk of the Court