Matter of Hinspeter v Bellantoni
Motion No: 2007-01923
Slip Opinion No: 2007 NYSlipOp 83370(U)
Decided on November 9, 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

M62069

E/sl

GLORIA GOLDSTEIN, J.P.

MARK C. DILLON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-01923

In the Matter of John A. J. Hinspeter, petitioner,

v Rory J. Bellantoni, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner to recall and vacate a decision and order on motion of this court dated September 18, 2007, which dismissed a proceeding pursuant to CPLR article 78 in the nature of mandamus, upon the petitioner's failure to comply with a decision and order on motion of this court dated May 2, 2007.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court