| Penninipede v Penninipede |
| Motion No: 2004-03991 |
| Slip Opinion No: 2007 NYSlipOp 70371(U) |
| Decided on May 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
M55102
E/sl
REINALDO E. RIVERA, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
RUTH C. BALKIN, JJ.
|
2004-03991 Nicholas C. Penninpede, respondent, v Ann Penninipede, appellant. (Index No. 200809/00)
| 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 - December 2004 Calendar," dated December 27, 2004, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, dated March 31, 2004, 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.
RIVERA, J.P., KRAUSMAN, GOLDSTEIN and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court