| Gerteis v Gerteis |
| Motion No: 2005-10519 |
| Slip Opinion No: 2007 NYSlipOp 66760(U) |
| Decided on April 3, 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
M52899
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2005-10519 Karl Gerteis, respondent, v Cecelia Gerteis, appellant. (Index No. 5146/04)
| 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 - June 2006 Calendar," dated July 17, 2006, as dismissed an appeal from a decision of the Supreme Court, Dutchess County, dated October 4, 2005, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court