Matter of Rankoth v Sloan
Motion No: 2008-02071
Slip Opinion No: 2008 NYSlipOp 86554(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

M77272

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-02071

In the Matter of Dayawathie Rankoth,

respondent, v Samuel Sloan, appellant.

(Docket No. O-18182-05)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 26, 2008, which dismissed an appeal from an order of the Family Court, Queens County, dated February 1, 2008, to reinstate the appeal, and to permit the refiling of the appellant's brief and appendix.

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 August 26, 2008, and to reinstate the appeal are denied; and it is further,

ORDERED that the branch of the motion which is to permit the refiling of the appellant's brief and appendix is denied as academic.

MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court