| People ex rel. Geiser, o/b/o Geiser v Valentine |
| Motion No: 2007-09768 |
| Slip Opinion No: 2008 NYSlipOp 83653(U) |
| Decided on September 19, 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
M76029
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
HOWARD MILLER
JOHN M. LEVENTHAL, JJ.
|
2007-09768 The People, etc., ex rel. Beat Geiser, o/b/o Maxwell Valentine Geiser and Naima Alice Geiser, respondent, v Sherry Valentine, appellant. (Index No. 80286/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated July 23, 2008, which dismissed an appeal from an order of the Supreme Court, Richmond County, dated October 22, 2007, for failure to comply with a scheduling order dated December 20, 2007, issued pursuant to 22 NYCRR 670.4(a)(2), to reinstate the appeal, to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion dated July 23, 2008, and to reinstate the appeal are denied; and it is further,
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel are denied as academic.
SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court