| Telebank v Balice |
| Motion No: 2005-08728 |
| Slip Opinion No: 2006 NYSlipOp 75278(U) |
| Decided on September 12, 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
M44071
C/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
DANIEL F. LUCIANO, JJ.
|
2005-08728 Telebank, respondent, v Luigi Balice, et al., appellants, et al., defendants. (Index No. 92-15188)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, 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 - March 2006 Calendar," dated April 4, 2006, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated August 30, 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 relation or opposition thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., CRANE, RITTER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court