| Matter of Schelberg, deceased; Edwin J., a/k/a Schelb |
| Motion No: 2005-02819 |
| Slip Opinion No: 2006 NYSlipOp 60493(U) |
| Decided on January 10, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34597
O/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-02819 In the Matter of Edwin J. Schelberg, a/k/a John Schelberg, deceased. Christopher J. Schelberg, respondent; Candace Schelberg Pezzuti, appellant. (File No. 517/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2005 Calendar", dated November 10, 2005, as dismissed an appeal from a decree of the Surrogate's Court, Rockland County, dated February 3, 2005, pursuant to 22 NYCRR 670.8(e), for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied.
SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court