Matter of El-Sheemy v El-Sheemy
Motion No: 2005-09844
Slip Opinion No: 2006 NYSlipOp 65566(U)
Decided on March 24, 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

M37629

O/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-09844

In the Matter of Mahitab El-Sheemy, petitioner-

respondent, v Ezzat A. El-Sheemy, et al., appellants,

et al., respondent.

(Docket No. V-31752-04)

DECISION & ORDER ON MOTION

Motion by the appellant Ezzat A. El-Sheemy to recall and vacate a decision and order on motion of this court dated January 11, 2006, which dismissed his appeal from an amended order of the Family Court, Kings County, dated August 29, 2005, for failure to comply with a scheduling order dated November 4, 2005.

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

ORDERED that the motion is denied.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court