| Pensky v Benowitz |
| Motion No: 2005-09527 |
| Slip Opinion No: 2007 NYSlipOp 63255(U) |
| Decided on February 15, 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
M50860
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
DANIEL D. ANGIOLILLO, JJ.
|
2005-09527 Sherry M. Pensky, appellant, v Sherman Benowitz, respondent. (Index No. 2299/04)
| 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 - October 2006 Calendar," dated November 20, 2006, as dismissed an appeal from an order of the Supreme Court, Kings County, dated August 18, 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.
MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court