| Bisso v Zwiebach Inc., d/b/a RGS X Ray |
| Motion No: 2007-07551 |
| Slip Opinion No: 2008 NYSlipOp 89974(U) |
| Decided on November 24, 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
M78881
E/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2007-07551 Richard Bisso, plaintiff, v Zwiebach, Inc., d/b/a RGS X Ray, etc., et al., respondents; Robert Oziel, nonparty-appellant; Hubell & Associates, LLC, nonparty-respondent.
(Index No. 5426/93)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to recall and vacate a decision and order on motion of this court dated July 29, 2008, which dismissed an appeal from an order of the Supreme Court, Nassau County, entered July 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court