Appellate Division: Second Judicial Department

M200608

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-04516, 2014-04518, 2015-02452 Michal Cohen, respondent, v Guy Cohen, appellant. (Index No. 1100/10)

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 an order of the Supreme Court, Putnam County, dated March 24, 2014, under Appellate Division Docket No. 2014-04518, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, for leave to withdraw an appeal from an order of the Supreme Court, Putnam County, dated March 24, 2014, under Appellate Division Docket No. 2014-04516, to deem the record and brief filed in connection with an appeal under Appellate Division Docket No. 2014-04516 to be the record and brief for the appeal under Appellate Division Docket No. 2014-04518 and to correct the cover and the CPLR 5531 statement of the record and the covers of the briefs filed with the Clerk of the Court, and to delete certain material from the record. Separate motion by the appellant, inter alia, to calendar together the appeal from the order under Appellate Division Docket No. 2014-04518 and the appeal from a second amended judgment of the Supreme Court, Putnam County, dated January 15, 2015, under Appellate Division Docket No. 2015-02452 and, in effect, to enlarge the time to perfect the appeal from the second amended judgment dated January 15, 2015.

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

ORDERED that the appellant's first motion is granted, so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the appeal from the order dated March 24, 2014, under Appellate Division Docket No. 2014-04518 is recalled and vacated, that appeal is reinstated, the appeal from the order dated March 24, 2014, under Appellate Division Docket No. 2014-04516 is marked withdrawn, the record and brief filed in connection with the appeal under Division Docket No. 2014-04516 is deemed to be the record and brief for the appeal under Appellate Division Docket No. 2014-04518, and on or before November 30, 2015, the appellant shall correct the covers and the CPLR 5531 statement of the copies of the record and the covers of the briefs filed with the Clerk of this Court and remove pages 3 through 23 of the copies of the record filed with the Clerk of this Court and replace those pages with a copy of the order on appeal in the proper page sequence; and it is further,

ORDERED that on the Court's own motion, on or before November 30, 2015, the appellant shall correct the table of contents of the copies of the record filed with the Clerk of this Court to list the material on pages 114 through 189; and it is further,

ORDERED that the appellant's second motion is granted to the extent that the appeal pending under Appellate Division Docket No. 2014-04518 and the appeal from the amended judgment dated January 15, 2015, shall be calendared together and will be argued or submitted on the same date, and the time to perfect the appeal from the judgment dated January 15, 2015, is enlarged until December 10, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the appellant's second motion is otherwise denied.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court