| Okolie v Tax Commission of State of New York |
| Motion No: 2006-09159 |
| Slip Opinion No: 2008 NYSlipOp 61061(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
M64891
E/nl
DAVID S. RITTER, J.P.
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO
EDWARD D. CARNI, JJ.
|
2006-09159
Godwin C. Okolie, et al., appellants, v Tax Commission of State of New York, respondent. (Index No. 193-04)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 an order of the Supreme Court, Suffolk County, dated December 15, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, to vacate the order dated December 15, 2005, and to stay enforcement of the order dated December 15, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated August 13, 2007, as dismissed the appeal from the order dated December 15, 2005, to reinstate the appeal, and to enlarge the time to perfect the appeal are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court