Matter of Schelberg, deceased; Edwin J., a/k/a Schelberg
Motion No: 2005-02819
Slip Opinion No: 2006 NYSlipOp 65403(U)
Decided on March 21, 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

M37453

A/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 pro se, in effect, to recall and vacate so much of a decision and order on motion of this court dated November 10, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2005 Calendar" as dismissed an appeal from an order of the Surrogate's Court, Rockland County, dated February 3, 2005, for failure to timely perfect, 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 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