| Little v White |
| Motion No: 2004-09555 |
| Slip Opinion No: 2006 NYSlipOp 66529(U) |
| Decided on April 3, 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
M37943
T/sl
GLORIA GOLDSTEIN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2004-09555 Lynn Little, appellant, v George White, etc., respondent. (Index No. 49250/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated December 20, 2005, which dismissed an appeal from an order of the Supreme Court, Kings County, dated August 19, 2004, on the ground that the appendix failed to include the papers submitted to the Supreme Court, Kings County, which resulted in the order dated August 19, 2004, 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.
GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court