Scott v State of New York
Motion No: 2007-10819
Slip Opinion No: 2008 NYSlipOp 74243(U)
Decided on June 10, 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

M71631

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-10819

Kemorley Scott, appellant,

v State of New York, respondent.

(Claim No. 108991)

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 - February 2008 Calendar," dated March 4, 2008, as dismissed an appeal from a judgment of the Court of Claims dated March 8, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court