Appellate Division: Second Judicial Department

M240842

E/ct

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-01457 Margaret Campbell, respondent, v Bradco Supply Company, et al., appellants. (Index No. 11307/10)

DECISION & ORDER ON MOTION

Motion by Margaret Campbell to recall and vacate so much of a decision and order on motion of this Court dated July 18, 2017, as dismissed her appeal from an order of the Supreme Court, Suffolk County, dated December 26, 2016, to reinstate the appeal, and to enlarge the time to perfect the appeal. Application by Margaret Campbell, pursuant to CPLR 5520(c), to deem her notice of appeal from the order dated December 26, 2016, to be a notice of appeal from an order of the same court dated October 25, 2016.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the application is denied without prejudice to making a motion for the relief sought; and it is further,

ORDERED that on the Court's own motion, the appeal by Bradco Supply Company and Harris Boshak, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court