| Stein v Osei |
| Motion No: 2008-02207 |
| Slip Opinion No: 2008 NYSlipOp 81250(U) |
| Decided on August 27, 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. |
Appellate Division: Second Judicial Department
M75010
E/sl
HOWARD MILLER, J.P.
MARK C. DILLON
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2008-02207 Tracy Stein, etc., et al., respondents, v Clement Osei, etc., et al., defendants, James Seibold, etc, et al., appellants. (Index No. 06-8564)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this court dated May 14, 2008, as dismissed an appeal from an order of the Supreme Court, Rockland County, dated January 18, 2008, on the ground that no appeal lies from an order denying reargument, 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 relation or opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated May 14, 2008, as dismissed the appeal and to reinstate the appeal are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court