| Hudson v Town of Pine Plains |
| Motion No: 2007-02239 |
| Slip Opinion No: 2008 NYSlipOp 60251(U) |
| Decided on January 7, 2008 |
| 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
M64486
E/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-02239, 2007-02547 Robert Hudson, appellant, v Town of Pine Plains, et al., respondents. (Index No. 5223/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated November 9, 2007, which dismissed appeals from two orders of the Supreme Court, Dutchess County, both dated February 13, 2007, on the grounds that the appeal from the order docketed under Appellate Division Docket No. 2007-02547 was not the result of a motion made on notice (see CPLR 5701), and the appeal from the order docketed under Appellate Division Docket No. 2007-02239 was not timely perfected in accordance with the rules of this court (see 22 NYCRR 670.8[e]), to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., DILLON, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court