| Wells Fargo Bank v Libertelli |
| Motion No: 2007-05600 |
| Slip Opinion No: 2008 NYSlipOp 92210(U) |
| Decided on December 16, 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
M79979
E/sl
FRED T. SANTUCCI, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2007-05600 Wells Fargo Bank, etc., respondent, v Dennis Libertelli, appellant, et al., defendants. (Index No. 100483/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue his prior motion 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, Richmond County, dated April 24, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, which was determined by decision and order on motion dated October 3, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., DILLON, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court