Appellate Division: Second Judicial Department

M196121

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

THOMAS A. DICKERSON

BETSY BARROS, JJ.

2015-00894 In the Matter of Daniel Armbruster, petitioner, v Salvatore Cassano, etc., respondent. (Index No. 2371/13)

DECISION & ORDER ON MOTION

Motion by the petitioner 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 - May 2015 Calendar," dated June 10, 2015, as dismissed a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Kings County, dated June 28, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding. Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the proceeding.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the application are granted, so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the proceeding is recalled and vacated, the proceeding is reinstated, the petitioner's time to perfect the proceeding is enlarged until September 28, 2015, and the record or appendix and the petitioner's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., LEVENTHAL, DICKERSON and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court