Harris v Harris
Motion No: 2006-11054
Slip Opinion No: 2007 NYSlipOp 73306(U)
Decided on July 10, 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

M56939

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-11054

Irving Harris, appellant,

v Sheila Harris, respondent.

(Index No. 6864/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated April 3, 2007, which dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered December 5, 2005, on the ground that it was untimely taken.

Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion dated April 3, 2007, is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court