Baldwin Service Station, Inc. v Agcaian
Motion No: 2008-02433
Slip Opinion No: 2008 NYSlipOp 78434(U)
Decided on July 23, 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

M73597

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-02433, 2008-02436

Baldwin Service Station, Inc., respondent,

v Anton Agcaian, et al., appellants.

(Index No. 5653/05)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this court dated May 14, 2008, as dismissed appeals from two orders of the Supreme Court, Nassau County, dated February 14, 2007, and January 23, 2008, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeals, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court