D'Allessandro v Charles
Motion No: 2005-06793
Slip Opinion No: 2006 NYSlipOp 64557(U)
Decided on March 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36669

T/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-06793

Katherine D'Allessandro, etc., appellant,

v Marion Charles, respondent.

(Index No. 16678/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated December 16, 2005, which dismissed an appeal from an order of the Supreme Court, Kings County, dated April 28, 2005, to reinstate the appeal, 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 thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court