Appellate Division: Second Judicial Department

M210070

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-11973 William Burger, et al., respondents, v Kaushik Das, et al., appellants. (Index No. 6284/12)

DECISION & ORDER ON MOTION

Motion by the appellant Joseph N. Annichiarico to recall and vacate an order on application of this Court dated February 17, 2016, which granted his application to withdraw his appeal from an order of the Supreme Court, Kings County, dated November 2, 2015, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, the order on application of this Court dated February 17, 2016, is recalled and vacated, the appeal by the appellant Joseph N. Annichiarico is reinstated, and on or before May 31, 2016, the appellant Joseph N. Annichiarico shall serve and file a supplemental appendix containing his notice of appeal and the papers filed in connection with his motion for summary judgment as well as his brief; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until July 15, 2016, and the respondents' brief must be served and filed on or before that date.

ENG, P.J., DILLON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court