Matter of Rodriguez v Hidalgo
Motion No: 2006-09942
Slip Opinion No: 2007 NYSlipOp 69625(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

M54705

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2006-09942

In the Matter of Willie Rodriguez, appellant,

v Jany-Karina Hidalgo, respondent.

(Docket Nos. V-09225-06, V-09226-06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated March 2, 2007, which dismissed an appeal from an order of the Family Court, Queens County, dated September 19, 2006, on the ground that no appeal lies from an order entered on the consent of the appellant (see CPLR 5511), 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