Springer v Lincoln Shore Owners, Inc.
Motion No: 2005-06450
Slip Opinion No: 2006 NYSlipOp 74205(U)
Decided on August 22, 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

M43581

C/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-06450

Barbara Springer, etc., appellant, et al.,

defendants, v Lincoln Shore Owners, Inc.,

respondent, et al., defendant.

(Index No. 28263/04)

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 June 17, 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.

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court