Monaco v Meerendonk
Motion No: 2005-07297
Slip Opinion No: 2007 NYSlipOp 75990(U)
Decided on August 16, 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

M58646

J/sl

REINALDO E. RIVERA, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2005-07297

Domenico Monaco, appellant, et al., plaintiff,

v Benjamin Van Meerendonk, et al., respondents.

(Index No. 7774/90)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated May 31, 2007, as dismissed an appeal from a judgment of the Supreme Court, Kings County, dated August 10, 2005, and to reinstate the appeal. Cross motion by the respondents to strike the appellant's "Request for Proposed Amendments to Certified Transcript Pursuant to CPLR 5525(c)," dated July 5, 2007.

Upon the papers filed in support of the motion and cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or relation to the cross motion, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic.

RIVERA, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court