| Passalacqua v State of New York |
| Motion No: 2001-11057 |
| Slip Opinion No: 2006 NYSlipOp 71647(U) |
| Decided on July 5, 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
M41671
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2001-11057 Anthony Passalacqua, appellant, v State of New York, respondent. (Claim No. 96084)
| DECISION & ORDER ON MOTION |
Second motion by the appellant, inter alia, for leave to reargue a prior motion 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 2002 Calendar," dated November 12, 2002, as dismissed an appeal from an order of the Court of Claims, dated October 30, 2001, 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, which was determined by decision and order on motion of this court dated September 8, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court