Kwa v Roberts
Motion No: 2006-06753
Slip Opinion No: 2007 NYSlipOp 80966(U)
Decided on October 17, 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

M61127

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2006-06753

Daniel Kwa, et al., appellants,

v Mark Roberts, etc., et al., respondents.

(Index No. 41548/99)

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 - March 2007 Calendar," dated April 2, 2007, as dismissed an appeal from a judgment of the Supreme Court, Kings County, dated May 25, 2006, 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 the papers filed in relation or opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court