Sweeney v Heathcote Medical Associates, P.C.
Motion No: 2005-03555
Slip Opinion No: 2006 NYSlipOp 68625(U)
Decided on May 11, 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

M39510

E/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-03555

Margaret A. Sweeney, etc., et al., appellants,

v Heathcote Medical Associates, P.C., et al.,

respondents.

(Index No. 5253/01)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2005 Calendar," dated November 10, 2005, as dismissed an appeal from an order of the Supreme Court, Rockland County, entered February 1, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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.

CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court