| Robinson v Rolnik |
| Motion No: 2006-01001 |
| Slip Opinion No: 2007 NYSlipOp 74766(U) |
| Decided on August 1, 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
M57766
E/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-01001 Ernest Robinson, appellant, v Mark D. Rolnik, respondent. (Index No. 14262/05)
| 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 - March 2007 Calendar," dated April 2, 2007, as dismissed an appeal from an order of the Supreme Court, Kings County, dated September 21, 2005, 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 branches of the motion which are to recall and vacate stated portions of the decision and order on motion dated April 2, 2007, to reinstate the appeal, and to enlarge the time to perfect the appeal are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SCHMIDT, J.P., CRANE, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court