| Kasel v Szczencina |
| Motion No: 2007-02351 |
| Slip Opinion No: 2008 NYSlipOp 61059(U) |
| Decided on January 15, 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
M64846
E/nl
ROBERT A. SPOLZINO, J.P.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-02351
Tamy J. Kasel, appellant, v Jan Szczencina, respondent. (Index No. 17812/04)
| 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 2007 Calendar," dated November 5, 2007, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated December 11, 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 opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated November 5, 2007, as dismissed the instant appeal, is recalled and vacated, and the appeal is marked withdrawn.
SPOLZINO, J.P., MILLER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court