| Matter of Omwathath v NYCTA |
| Motion No: 2005-01384 |
| Slip Opinion No: 2007 NYSlipOp 65558(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. |
Appellate Division: Second Judicial Department
M52230
E/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
ROBERT A. LIFSON, JJ.
|
2005-01384 In the Matter of Lakhram Omwathath, appellant, v NYCTA, et al., respondents. (Index No. 35380/04)
| 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 - January 2006 Calendar," dated February 10, 2006, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 4, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal as a poor person.
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., SANTUCCI, FLORIO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court