Matter of Dun-Zheng Yan v Grays
Motion No: 2006-10358
Slip Opinion No: 2007 NYSlipOp 80292(U)
Decided on October 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

M60767

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2006-10358

In the Matter of Charles Dun-Zheng Yan, appellant,

v Marguerite A. Grays, etc., respondent.

(Index No. 13806/06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 13, 2007, which dismissed an appeal from an order of the Supreme Court, Kings County, dated October 4, 2006, pursuant to 22 NYCRR 670.10.2 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 the papers filed in relation or opposition thereto, it is

ORDERED that the motion is denied.

CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court