Matter of Barkey v New York City Department of Housing Pr
Motion No: 2007-06640
Slip Opinion No: 2009 NYSlipOp 62708(U)
Decided on February 3, 2009
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

M81884

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

HOWARD MILLER, JJ.

2007-06640

In the Matter of Morris Barkey, petitioner,

v New York City Department of Housing

Preservation and Development, et al., respondents.

(Index No. 33071/06)

DECISION & ORDER ON MOTION

Motion by the petitioner 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 a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Kings County, dated June 4, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.

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., RITTER, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the