| Justino v Kaplan |
| Motion No: 2005-11868 |
| Slip Opinion No: 2007 NYSlipOp 62327(U) |
| Decided on February 1, 2007 |
| 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
M50303
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-11868 Debora Kings Justino, appellant, v Robert Kaplan, respondent. (Index No. 95-13370)
| 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 an order of the Supreme Court, Westchester County, dated October 7, 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.
RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court