Appellate Division: Second Judicial Department

M259369

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-12091, 2018-12092 Teddy Moore, appellant, v Frank Guerra, defendant, City of New York, et al., respondents. (Index No. 4895/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this Court dated November 21, 2018, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 4, 2018, to extend the time to perfect the appeals from that order and an appeal from an order of the same court dated June 15, 2018, to waive the filing fee, and for summary reversal.

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 branch of the motion which, in effect, to recall and vacate so much of the decision and order on motion dated November 21, 2018, as dismissed the appeal from the order dated October 4, 2018, is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated June 15, 2018, is denied as premature as the time to perfect that appeal does not expire until April 18, 2019; and it is further,

ORDERED that the motion is otherwise denied with respect to the appeal from the order dated June 15, 2018, and otherwise denied as academic with respect to the appeal from the order dated October 4, 2018.

BALKIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court