Mabry v State of New York
Motion No: 2007-02842
Slip Opinion No: 2008 NYSlipOp 68028(U)
Decided on March 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M68262

E/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-02842

Sharon Mabry, appellant,

v State of New York, respondent.

(Claim No. 109143)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated January 29, 2008, which dismissed an appeal from a judgment of the Court of Claims dated March 14, 2007, 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.

RITTER, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court