Matter of Hall v Phillips
Motion No: 2005-10773
Slip Opinion No: 2007 NYSlipOp 70024(U)
Decided on May 23, 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

M54480

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-10773

In the Matter of Harold Hall, appellant,

v William Phillips, etc., respondent.

(Index No. 2528/05)

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 judgment of the Supreme Court, Dutchess County, dated August 16, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal as a poor person

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.

SPOLZINO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court