Judge v New York College of Professional Health
Motion No: 2007-11532
Slip Opinion No: 2008 NYSlipOp 88405(U)
Decided on November 6, 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

M78176

E/sl

PETER B. SKELOS, J.P.

ROBERT A. LIFSON

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-11532

Robert E. Judge, appellant,

v New York College of Professional Health,

respondent.

(Index No. 20901/06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated September 10, 2008, which dismissed an appeal from an order of the Supreme Court, Nassau County, dated June 18, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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.

SKELOS, J.P., LIFSON, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court