| Albert v Albert |
| Motion No: 2006-11381 |
| Slip Opinion No: 2007 NYSlipOp 83444(U) |
| Decided on November 13, 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
M62343
E/sl
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2006-11381 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, 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 - July 2007 Calendar," dated August 13, 2007, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered August 25, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal and to waive the motion filing fee.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to waive the motion filing fee is denied; and it is further,
ORDERED that the motion is otherwise held in abeyance and in the event the motion filing fee has not been paid on or before November 20, 2007, the motion shall be dismissed.
PRUDENTI, P.J., RIVERA, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court