| Thomas v State of New York |
| Motion No: 2005-11671 |
| Slip Opinion No: 2006 NYSlipOp 82049(U) |
| Decided on December 15, 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
M48317
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
DANIEL D. ANGIOLILLO, JJ.
|
2005-11671 Bernard Thomas, appellant, v State of New York, respondent. (Claim No. 105193)
| 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 - August 2006 Calendar," dated September 11, 2006, as dismissed an appeal from a judgment of the Court of Claims, dated November 16, 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 relation or opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court