| Poteat v 443 Clinton Avenue Corp. |
| Motion No: 2005-07835 |
| Slip Opinion No: 2007 NYSlipOp 79552(U) |
| Decided on September 27, 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
M60527
E/nl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2005-07835 Annie Poteat, et al., appellants, v 443 Clinton Avenue Corp., et al., respondents. (Index No. 19601/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 - June 2006 Calendar," dated July 17, 2006, as dismissed an appeal from an order of the Supreme Court, Kings County, dated July 7, 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.
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.
SCHMIDT, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court