Orra Realty Corp. v Gillen
Motion No: 2006-03333
Slip Opinion No: 2007 NYSlipOp 86463(U)
Decided on December 14, 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

M63405

E/nl

ROBERT W. SCHMIDT, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-03333

Orra Realty Corp., appellant, v Thomas

J. Gillen, etc., et al., respondents.

(Index No. 12652/05)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - October 2006 Calendar," dated November 20, 2006, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered March 9, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and for leave to withdraw the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, so much of the decision and order on motion of this court dated November 20, 2006, as dismissed the instant appeal, is recalled and vacated, and the appeal is deemed withdrawn, without costs or disbursements.

SCHMIDT, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court