Appellate Division: Second Judicial Department

M197748

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2013-07508 Sati Mohan, et al., appellants, v Crescent Five Associates, et al., respondents. (Index No. 18751/12)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate a decision and order on motion of this Court dated June 1, 2015, which dismissed an appeal from an order of the Supreme Court, Queens County, entered June 3, 2013, for failure to comply with a decision and order on motion of this Court dated March 27, 2015, and to extend the time to comply with the decision and order on motion of this Court dated March 27, 2015.

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

ORDERED that the motion is granted, the decision and order on motion of this Court dated June 1, 2015, is recalled and vacated, and on or before September 28, 2015, the appellant shall serve and file a supplemental appendix containing the respondents' papers filed in support of the motion which was determined in the order appealed from, entered June 3, 2013, the appellants' papers filed in opposition to the motion, the respondents' papers filed in reply, and any other parts of the record on appeal that are necessary to consider the questions raised on the appeal (see CPLR 5528[a][5]), and shall remove from the appendix filed with the Clerk of this Court pages 11 through 14, 24 through 33, 40, and 43 through 45, in compliance with the decision and order on motion of this Court dated March 27, 2015 or the appeal shall be dismissed, without further notice; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until October 28, 2015, and the respondents' brief, if any, must be served and filed on or before that date.

ENG, P.J., HALL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court