| Smith v New York State Department of Taxation and Fina |
| Motion No: 2005-07620 |
| Slip Opinion No: 2007 NYSlipOp 64895(U) |
| Decided on March 9, 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
M51625
E/sl
STEPHEN G. CRANE, J.P.
PETER B. SKELOS
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2005-07620 Benjamin W. Smith, appellant, v New York State Department of Taxation and Finance, respondent. (Index No. 6105/05)
| 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 - March 2006 Calendar," dated April 4, 2006, as dismissed an appeal from an order of the Supreme Court, Queens County, dated May 23, 2006, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., SKELOS, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court