| Jackson v State of New York |
| Motion No: 2006-10095 |
| Slip Opinion No: 2007 NYSlipOp 63464(U) |
| Decided on February 20, 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
M51035
E/nl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2006-10095 Johnny Jackson, etc., respondent, v State of New York, appellant. (Claim No. 104039)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated November 21, 2006, which dismissed an appeal from an order of the Court of Claims dated September 18, 2006, on the ground that no appeal lies from an order entered upon the stipulation of the appealing party (see CPLR 5511) and to reinstate the appeal.
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.
PRUDENTI, P.J., GOLDSTEIN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court