| Matter of Craig v Cosenza |
| Motion No: 2008-03921 |
| Slip Opinion No: 2008 NYSlipOp 84509(U) |
| Decided on October 1, 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
M76515
E/sl
WILLIAM F. MASTRO, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2008-03921, 2008-03923 In the Matter of Mary Craig, respondent, v Anthony Cosenza, appellant. (Docket No. O-02999-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated May 13, 2008, which dismissed appeals from two orders of the Family Court, Richmond County, both dated April 3, 2008, to the extent that the orders were entered upon the appellant's default in appearing at the hearing (see CPLR 5511; James v Powell, 19 NY2d 249), and to reinstate 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, on the ground that the order dated May 13, 2008, did not dismiss the appeals in their entirety.
MASTRO, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court