Palinchak v Forkosh Construction Co., Inc.
Motion No: 2005-08694
Slip Opinion No: 2006 NYSlipOp 68473(U)
Decided on May 10, 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

M39451

T/sl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-08694

Vasiliy Palinchak, respondent, v Forkosh

Construction, Co., Inc., et al., defendants,

Iceberg Development Company, LLC,

appellant.

(Index No. 658/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated August 4, 2005, to recall and vacate a decision and order on application of this court dated March 17, 2006, granting the appellant an enlargement of time in which 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.

SCHMIDT, J.P., SPOLZINO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court