Appellate Division: Second Judicial Department

M66270

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2007-07990, 2008-00479, 2008-00481 In the Matter of Jehuda Ish-Shalom, appellant, v Jingling Tang, respondent. (Docket Nos. V-18209-05, V-19073-05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated August 31, 2007, which dismissed an appeal from an order of the Family Court, Queens County, dated July 17, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, to enlarge the time to perfect that appeal, for leave to appeal from two orders of the same court dated October 1, 2007, and November 29, 2007, respectively, to stay enforcement of stated portions of the orders, for leave to prosecute the appeals as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed by the respondent in opposition thereto, it is

ORDERED that the branches of the motion which are, in effect, to recall and vacate the decision and order on motion dated August 31, 2007, and to reinstate the appeal from the order dated July 17, 2007, are denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the orders dated October 1, 2007, and November 29, 2007, respectively, is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., SKELOS, SANTUCCI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court