Clearview Gardens Sixth Corp. v Shankman
Motion No: 2006-00366
Slip Opinion No: 2007 NYSlipOp 62578(U)
Decided on February 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M50292

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

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 for leave to reargue his motion, 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. The appellant's prior motion was determined by a decision and order on motion of this court dated December 7, 2006.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court