| Matter of Malizia v Mateer |
| Motion No: 2006-03138 |
| Slip Opinion No: 2007 NYSlipOp 72311(U) |
| Decided on June 21, 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
M56255
E/nl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
ANITA R. FLORIO
STEVEN W. FISHER, JJ.
|
2006-03138 In the Matter of Michael Malizia, appellant, v Nancy A. Mateer, respondent. (Docket No. O-7930/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated April 26, 2007, which dismissed an appeal from an order of the Family Court, Nassau County, dated March 13, 2006, 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.
RIVERA, J.P., RITTER, FLORIO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court