Clearview Gardens Sixth Corp. v Shankman
Motion No: 2006-00366
Slip Opinion No: 2006 NYSlipOp 81434(U)
Decided on December 7, 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

M47961

E/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT J. LUNN

DANIEL D. ANGIOLILLO, JJ.

2006-00366

Clearview Gardens Sixth Corp., respondent,

v Jeffrey Shankman, et al., appellants.

(Index No. 32091/02)

DECISION & ORDER ON MOTION

Motion by the appellant Jeffrey Shankman, in effect, 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 - October 2006 Calendar", dated November 20, 2006, as dismissed an appeal from an order of the Supreme Court, Queens County, dated November 28, 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court