| Matter of Police Commissioner of City of New York v Wil |
| Motion No: 2005-10765 |
| Slip Opinion No: 2006 NYSlipOp 61069(U) |
| Decided on January 25, 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
M35191
A/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-10765 In the Matter of Police Commissioner of City of New York, etc., appellant, v Victor Wilson, respondent. (Index No. 5920/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated November 30, 2005, which dismissed an appeal from an order of the Supreme Court, Kings County, dated September 16, 2005, on the ground that it was not appealable as of right or by permission.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the decision and order on motion of this court dated November 30, 2005, in the above-entitled action, is recalled and vacated, and the appeal is reinstated.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court