Appellate Division: Second Judicial Department

M70717

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-01001 Ernest Robinson, appellant, v Mark D. Rolnik, respondent. (Index No. 14262/05)

DECISION & ORDER ON MOTION

Motion by the appellant (1) for leave to renew and reargue his motion 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 - March 2007 Calendar," dated April 2, 2007, as dismissed an appeal from an order of the Supreme Court, Kings County, dated September 21, 2005, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and for leave to prosecute the appeal as a poor person, which was determined by decision and order on motion dated August 1, 2007, and (2) for leave to renew and reargue his prior motion, inter alia, to recall and vacate stated portions of the decision and order on motion dated April 2, 2007, and to reinstate the appeal, which was determined by decision and order on motion dated April 7, 2008, and (3) for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., MASTRO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court