| Matter of Donahue v Zoning Board of Appeals of Town of Ba |
| Motion No: 2006-11964 |
| Slip Opinion No: 2008 NYSlipOp 64258(U) |
| Decided on February 21, 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
M66630
E/sl
ROBERT A. LIFSON, J.P.
DAVID S. RITTER
ANITA R. FLORIO
EDWARD D. CARNI, JJ.
|
2006-11964 In the Matter of Robert Donahue, appellant, v Zoning Board of Appeals of Town of Babylon, respondent. (Index No. 3763-06)
| 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 - July 2007 Calendar," dated August 13, 2007, as dismissed an appeal from a judgment of the Supreme Court, Suffolk County, dated October 13, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect 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 denied.
LIFSON, J.P., RITTER, FLORIO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court