| Olim Realty v Lanaj Home Furnishings |
| Motion No: 2005-08325 |
| Slip Opinion No: 2006 NYSlipOp 77964(U) |
| Decided on October 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
M45799
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2005-08325 Olim Realty, respondent, v Lanaj Home Furnishings, et al., appellants. (Index No. 5781/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 July 26, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the 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 the appeal and to reinstate the appeal are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court