Matter of Gonzalez v Goord
Motion No: 2004-11148
Slip Opinion No: 2007 NYSlipOp 65555(U)
Decided on March 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M52231

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

ROBERT A. LIFSON, JJ.

2004-11148

In the Matter of Victor Gonzalez, petitioner,

v Glen Goord, etc., respondent.

(Index No. 3771/04)

DECISION & ORDER ON MOTION

Motion by the petitioner 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 2005 Calendar," dated September 12, 2005, as dismissed a proceeding pursuant to CPLR article 78, for failure to timely perfect the same, to reinstate the proceeding, to enlarge the time to perfect the proceeding, and for leave to prosecute the proceeding as a poor person.

Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is

ORDERED that the motion is denied.

MILLER, J.P., SANTUCCI, FLORIO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court