Matter of Pender v Davidson
Motion No: 2007-09769
Slip Opinion No: 2008 NYSlipOp 82829(U)
Decided on September 12, 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

M75641

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-09769

In the Matter of Juvondi R. Pender, appellant,

v Judy Davidson, respondent.

(Docket No. F-5498-07)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated July 18, 2008, which dismissed an appeal from an order of the Family Court, Queens County, dated September 21, 2007, pursuant to 22 NYCRR 670.4(a)(5) for failure to timely perfect in accordance with certain scheduling orders of this court, 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 or thereto, it is

ORDERED that the motion is denied.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court