Appellate Division: Second Judicial Department

M48262

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2006-03501, 2006-10862 Gayle Shaffer, respondent, v Daniel Morel, appellant. (Index No. 05-18676)

DECISION & ORDER ON MOTION

Motion by the appellant (1) 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, Westchester County, entered February 27, 2006 (Appellate Division Docket No. 2006-03501), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate that appeal, and to enlarge the time to perfect that appeal, (2) for leave to appeal from a decision of the same court dated August 17, 2006 (Appellate Division Docket No. 2006-10862), (3) to consolidate the appeals, and (4) to stay all proceedings to enforce the order and the decision.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this court dated November 20, 2006, as dismissed an appeal from the order entered February 27, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same and to reinstate that appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the decision dated August 17, 2006, is denied on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court