Appellate Division: Second Judicial Department

M222742

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-04254 In the Matter of Queens College Special Projects Fund, Inc., respondent, v Samara Newman, also known as Samara Swanston, et al., appellants. (Index No. 706434/15)

DECISION & ORDER ON MOTION

Motion by the appellants 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" dated September 19, 2016, as dismissed an appeal from an order of the Supreme Court, Queens County, dated December 23, 2015, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, and to stay enforcement of the order dated December 23, 2015, pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated September 19, 2016, as dismissed the appeal from the order dated December 23, 2015, to reinstate the appeal, and to enlarge the time to perfect the appeal are granted, so much of the decision and order on motion of this Court dated September 19, 2016, as dismissed the appeal is recalled and vacated, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until January 12, 2017, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court