Appellate Division: Second Judicial Department

M261699

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-12512 Town of Putnam Valley, plaintiff-respondent, et al., plaintiffs, v Thomas Cabot, et al., defendants, Alexander Kaspar, defendant-appellant; Grace De Libero, nonparty-appellant; Bruce Donohue, etc., et al., nonparty-respondents. (Index No. 627/06)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant to recall and vacate a decision and order of this Court dated January 18, 2019, which dismissed an appeal from an order of the Supreme Court, Putnam County, dated September 27, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the decision and order on motion of this Court dated January 18, 2019, is recalled and vacated, and the following decision and order is substituted therefor:

Appeal from an order of the Supreme Court, Putnam County, dated September 27, 2018. By order to show cause dated November 16, 2018, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal insofar as purportedly taken on behalf of Grace De Libero, on the ground that Alexander Kaspar was without authority to take an appeal on her behalf.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal insofar as purportedly taken on behalf of Grace De Libero is granted, and the appeal insofar as purportedly taken on behalf of Grace De Libero is dismissed, without costs or disbursements (see CPLR 321; Vitiello v Merwin, 130 AD3d 609); and it is further,

ORDERED that on the Court's own motion, the defendant-appellant's time to perfect his appeal is extended until June 10, 2019.

RIVERA, J.P., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court