Charles Group, Inc. v Brown
Motion No: 2006-10906
Slip Opinion No: 2007 NYSlipOp 69593(U)
Decided on May 16, 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

M54708

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2006-10906

Charles Group, Inc., et al., respondents,

v Walter Brown, defendant, Ernestine

Smalls, appellant.

(Index No. 03-19910)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate so much of an order on application of this court dated April 16, 2007, which granted her application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 10, 2006, 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.

RITTER, J.P., GOLDSTEIN, FISHER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court