| Murabito v Murabito |
| Motion No: 2006-05237 |
| Slip Opinion No: 2007 NYSlipOp 72902(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
M56611
E/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2006-05237 Cosmos Murabito, appellant, v Marie Murabito, respondent. (Index No. 201001/04)
| 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 - January 2007 Calendar," dated February 5, 2007, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated March 29, 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.
MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court