Appellate Division: Second Judicial Department

M216924

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2013-09478 Floyd Cockburn, appellant, v Jennifer Marie Neal, et al., respondents. (Index No. 20014/10)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated June 2, 2016, which granted separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 26, 2013, on the ground that the appellant failed to comply with a decision and order on motion of this Court dated December 8, 2014, in effect, for leave to submit opposition to the motions, and to enlarge his time to comply with the decision and order on motion dated December 8, 2014.

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

ORDERED that the appellant's motion is granted, the decision and order on motion dated December 8, 2014, is recalled and vacated, and the respondents' motions are denied; and it is further,

ORDERED that the appellant's time to comply with the decision and order on motion dated December 8, 2014, is enlarged until September 22, 2016, and on or before that date the appellant shall serve and file a supplemental record containing the reply affirmation and sur-reply affirmation of the respondent Patricia N. Joseph filed in connection with the motion that resulted in the order dated June 26, 2013; and it is further,

ORDERED that no further enlargement of time shall be granted.

BALKIN, J.P., HALL, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court