Appellate Division: Second Judicial Department

M249205

E/afa

JEFFREY A. COHEN, J.P.

JOSEPH J. MALTESE

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-07442 John V. Muzio, Jr., etc., appellant, et al., plaintiff, v Maria Alfaro-Hardy, etc., et al., respondents. (Index No. 10528/05)

DECISION & ORDER ON MOTION

Motion by John V. Muzio, Jr., inter alia, to recall and vacate so much of a decision and order on motion of this Court dated December 5, 2017, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered May 8, 2017, in effect, to correct the caption, and to stay enforcement of the order entered May 8, 2017. By decision and order on motion of this Court dated April 9, 2018, the branch of the motion which was, in effect, to correct the caption was remitted to the Supreme Court, Nassau County, to determine, and the motion was otherwise held in abeyance in the interim. By order dated April 16, 2018, the Supreme Court, Nassau County, amended the caption of the order entered May 8, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the order of the Supreme Court, Nassau County, dated April 16, 2018, it is

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this Court dated December 5, 2017, as dismissed the appeal is granted, that portion of the decision and order on motion of this Court dated December 5, 2017, is recalled and vacated, and the appeal is reinstated; and it is further,

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

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until June 25, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

COHEN, J.P., MALTESE, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court