| LaSalle Bank, NA v Shearon |
| Motion No: 2008-02720 |
| Slip Opinion No: 2009 NY Slip Op 70577(U) |
| Decided on April 24, 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
M85725
E/cb
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2008-02720 LaSalle Bank, N.A., etc., appellant, v David Shearon, et al., respondents. (Index No. 100255/07)
| 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 - November 2008 Calendar," dated December 8, 2008, as dismissed an appeal from an order of the Supreme Court, Richmond County, dated January 28, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and for leave to withdraw the appeal.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated December 8, 2008, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appeal is marked withdrawn.
MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court