Cruz v Toyota Motor Credit Corporation
Motion No: 2007-05547
Slip Opinion No: 2008 NYSlipOp 86519(U)
Decided on October 17, 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

M77273

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-05547

John E. Cruz, appellant, v Toyota Motor

Credit Corporation, et al., respondents.

(Index No. 17730-03)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated February 19, 2008, which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated April 9, 2007, for failure to timely perfect, 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 opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court