| Matter of McEachin v Selsky |
| Motion No: 2007-05573 |
| Slip Opinion No: 2008 NYSlipOp 88693(U) |
| Decided on November 7, 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
M78113
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2007-05573 In the Matter of Guy McEachin, appellant, v Donald Selsky, etc., respondent. (Index No. 434/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2008 Calendar", dated March 4, 2008, as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated April 13, 2007, pursuant to 22 NYCRR 670.8(e) 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 no papers having been filed in opposition or in relation or thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., MILLER, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court