| Rothenberg v State of New York |
| Motion No: 2005-10994 |
| Slip Opinion No: 2006 NYSlipOp 80713(U) |
| Decided on November 28, 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
M47179
Y/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-10994 Marvin Rothenberg, et al., appellants, v State of New York, respondent. (Claim No. 108418)
| 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 - June 2006 Calendar," dated July 17, 2006, as dismissed an appeal from an order of the Court of Claims dated October 20, 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.
PRUDENTI, P.J., KRAUSMAN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court