| Matter of Alle, deceased |
| Motion No: 2007-02208 |
| Slip Opinion No: 2008 NYSlipOp 89756(U) |
| Decided on November 19, 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
M78596
E/sl
ROBERT A. LIFSON, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2007-02208 In the Matter of Farida Alle, deceased. Abdul Khondoker, appellant; Eleanora Berry, respondent. (File No. 5132/01)
| 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 - October 2007 Calendar," dated November 5, 2007, as dismissed an appeal from a decree of the Surrogate's Court, Kings County, dated October 17, 2006, 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.
LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court