Moore v Moore
Motion No: 2005-09961
Slip Opinion No: 2006 NYSlipOp 79280(U)
Decided on November 8, 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

M46680

Y/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-09961

John A. Moore, appellant, v

Alicia A. Moore, respondent.

(Index No. 9961/05)

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 - June 2006 Calendar", dated July 17, 2006, as dismissed an appeal from an order of the Supreme Court,

Suffolk County, dated September 13, 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.

GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court