| Munoz v Metro Village Construction Corp. |
| Motion No: 2006-00736 |
| Slip Opinion No: 2007 NYSlipOp 74476(U) |
| Decided on July 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
M57740
E/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
PETER B. SKELOS
THOMAS A. DICKERSON, JJ.
|
2006-00736 Ximena Munoz, appellant, v Metro Village Construction Corp., et al., respondents. (Index No. 23626/04)
| 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 - August 2006 Calendar," dated September 11, 2006, as dismissed an appeal from an order of the Supreme Court, Kings County, dated November 30, 2005, 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. Cross motion by the respondent Miele Associates, inter alia, pursuant to 22 NYCRR part 130 to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied.
SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court