Bassile v Myers
Motion No: 2006-10736
Slip Opinion No: 2007 NYSlipOp 80565(U)
Decided on October 12, 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

M60958

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-10736

Clare C. Bassile, respondent,

v Scott O. Myers, appellant.

(Index No. 41439/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated July 27, 2007, which dismissed an appeal from a judgment of the Supreme Court, Kings County, dated October 24, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the appeal, 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 opposition thereto, it is

ORDERED that the motion is denied.

SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court