Appellate Division: Second Judicial Department

M237759

E/afa

MARK C. DILLON, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2015-12038 In the Matter of Earl Wright, petitioner, v Anthony J. Annucci, etc., respondent. (Index No. 3426/15)

DECISION & ORDER ON MOTION

Motion by the petitioner 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 a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated November 23, 2015, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated September 19, 2016, as dismissed the proceeding is recalled and vacated, the proceeding is reinstated, the petitioner's time to perfect the proceeding is enlarged until November 17, 2017, and the record or appendix and the petitioner's brief shall be served and filed on or before that date.

DILLON, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court