| Braten v Braten |
| Motion No: 2005-09832 |
| Slip Opinion No: 2007 NYSlipOp 65836(U) |
| Decided on March 22, 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
M52440
E/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
GLORIA GOLDSTEIN, JJ.
|
2005-09832 Carol Braten, respondent, v Milton Braten, appellant. (Index No. 03-2047)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated January 25, 2007, which, among other things, dismissed an appeal from a judgment of the Supreme Court, Westchester County, dated August 30, 2005, and for leave to prosecute the appeal as a poor person. Application by the respondent to impose a sanction against the appellant and his attorney pursuant to 22 NYCRR 130-1.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted to the extent that the fee for filing the motion is waived and that branch of the motion is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied.
CRANE, J.P., MASTRO, SPOLZINO and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court