Appellate Division: Second Judicial Department

M230509

E/afa

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2015-08378, 2016-10337 Violeta Kandov, appellant, v Anatole Kats, et al., respondents. (Index No. 16437/06)

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," dated September 19, 2016, as dismissed an appeal from a decision of the Supreme Court, Queens County, dated June 12, 2015, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to consolidate that appeal with an appeal from an order of the same court entered January 14, 2016, and to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated September 19, 2016, as dismissed the appeal from the decision dated June 12, 2015, is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered January 14, 2016, is granted, and the appellant's time to perfect that appeal is enlarged until July 3, 2017; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., HALL, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court