Appellate Division: Second Judicial Department

M252330

E/mm

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2017-12444 Magda Mansour-Mohamed, appellant, v State of New York, respondent. (Claim No. 126382)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated April 16, 2018, as dismissed an appeal from a decision of the Court of Claims dated September 11, 2017, on the ground that no appeal lies from a decision, to deem the notice of appeal from the decision to be a notice of appeal from a judgment of the Court of Claims dated October 19, 2017, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated April 16, 2018, as dismissed the appeal is recalled and vacated, the notice of appeal from the decision is deemed to be a notice of appeal from the judgment, the appellant's time to perfect the appeal is enlarged until August 10, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court