Rivera v City of New York
Motion No: 2008-02680
Slip Opinion No: 2008 NYSlipOp 73827(U)
Decided on June 5, 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

M71437

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-02680

Frances Rivera, etc., et al., respondents,

v City of New York, et al., appellants,

et al., defendants.

(Index No. 6288/00)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate an order on application of this court dated April 25, 2008, which dismissed an appeal from an order of the Supreme Court, Kings County, entered March 14, 2008, and to reinstate 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 granted; and it is further,

ORDERED that the order on application of this court dated April 25, 2008, is recalled and vacated.

SPOLZINO, J.P., SANTUCCI, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court