Appellate Division: Second Judicial Department

M77105

E/kmg

WILLIAM F. MASTRO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2003-07363, 2005-03998 Juvondi R. Pender, appellant, v Liberty Auto Collision, et al., respondents. (Index No. 11396/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated August 21, 2008, which determined (1)his prior motion, inter alia, to recall and vacate a decision and order on motion of this court dated January 13, 2004, which granted an application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 16, 2003 (Appellate Division Docket No. 2003-07363) and to reinstate the appeal, and (2) his prior motion, inter alia, to recall and vacate so much of a decision and order on motion of this court dated December 16, 2005, as dismissed an appeal from an order of the Supreme Court, Queens County, dated February 28, 2005 (Appellate Division Docket No. 2005-03998), to reinstate the appeal, and to consolidate the appeals. Separate motion by the appellant to "rehear" and "reconsider" the prior motions.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are denied.

MASTRO, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court