Matter of Omwathath v NYCTA
Motion No: 2005-01384
Slip Opinion No: 2006 NYSlipOp 69682(U)
Decided on June 2, 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

M40324

A/sl

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-01384

In the Matter of Lakhram Omwathath,

appellant, v NYCTA, et al., respondents.

(Index No. 35380/04)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - January 2006 Calendar," dated February 10, 2006, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 4, 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.

LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court