| Bellantoni v Kelligrew |
| Motion No: 2006-07001 |
| Slip Opinion No: 2007 NYSlipOp 66488(U) |
| Decided on March 30, 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
M52694
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2006-07001 Anthony Bellantoni, appellant, v John R. Kelligrew, etc., respondent. (Index No. 03-8299)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated January 11, 2007, dismissing an appeal from a transcript of the Supreme Court, Westchester County, dated June 13, 2006, on the ground that a signed order has now been issued.
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 without prejudice to filing a notice of appeal from an order of the same court that contains a decretal paragraph.
MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court