| Matter of Henriquez v Nuttal |
| Motion No: 2004-03274 |
| Slip Opinion No: 2006 NYSlipOp 72158(U) |
| Decided on July 18, 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
M42183
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-03274 In the Matter of Alejandro Henriquez, appellant, v John Nuttal, etc., respondent. (Index No. 4737/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated May 10, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar" as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated January 16, 2004, for failure to timely perfect, and to reinstate 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.
KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court