| Bruce Supply Corp. v Metropolitan Plumbing & Heating |
| Motion No: 2004-04488 +1 |
| Slip Opinion No: 2006 NYSlipOp 71681(U) |
| Decided on July 6, 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
M41901
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04488, 2004-06977 Bruce Supply Corp., respondent, v Metropolitan Plumbing & Heating Corp., et al., appellants. (Index No. 33078/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Kings County, dated April 15, 2004, and a judgment of the same court entered May 10, 2004, to recall and vacate (1) 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 - December 2004 Calendar," dated December 27, 2004, as dismissed the appeal from the order dated April 15, 2004 (Appellate Division Docket No. 2004-04488), and (2) 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 - April 2005 Calendar," dated May 10, 2005, as dismissed the appeal from the judgment entered May 10, 2004 (Appellate Division Docket No. 2004-06977), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court