Appellate Division: Second Judicial Department

M197857

E/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-07864, 2015-07102 Roy A. McKenzie, appellant, v Eugenia Wimberly, respondent. (Index No. 210/08)

DECISION & ORDER ON MOTION

Motion by the appellant 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 an appeal from a judgment of the Supreme Court, Kings County, dated July 8, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal. Separate motion by the appellant to stay enforcement of an order of the same court dated July 1, 2015, pending determination of the appeals from that order and the judgment, and to consolidate the appeals

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

ORDERED that the motion, inter alia, to reinstate the appeal from the judgment is denied; and it is further

ORDERED that the branch of the motion which is to stay enforcement of an order is denied; and it is further

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.

LEVENTHAL, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court