| Emigrant Savings Bank v Waugh |
| Motion No: 2004-08968 |
| Slip Opinion No: 2007 NYSlipOp 72891(U) |
| Decided on June 29, 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
M56640
E/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2004-08968, 2004-09197 Emigrant Savings Bank, respondent, v Paul Waugh, a/k/a Paul Anthony Waugh, appellant, et al., defendants.
(Index No. 27430/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, 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 2005 Calendar," dated July 5, 2005, as dismissed appeals from a judgment of the Supreme Court, Queens County, dated July 19, 2004, entered under Appellate Division Docket Nos. 2004-08968 and 2004-09197, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to reinstate the appeal entered under Appellate Division Docket No. 2004-09197 is denied as that appeal is a duplicate of Appellate Division Docket No. 2004-08968; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court