| Velez v Rodriguez |
| Motion No: 2008-11091 |
| Slip Opinion No: 2009 NYSlipOp 67493(U) |
| Decided on March 25, 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. |
Appellate Division: Second Judicial Department
M84236
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2008-11091 Benjamin Velez, appellant, v Ynes Rodriguez, respondent. (Index No. 102537/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated January 26, 2009, which dismissed an appeal from an order of the Supreme Court, Richmond County, dated November 24, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and for leave to reargue his prior motion for leave to prosecute the appeal as a poor person, which was determined by the decision and order on motion dated January 26, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition or thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court