| D'Alessandro v Midway Nursing Home |
| Motion No: 2008-06124 |
| Slip Opinion No: 2009 NY Slip Op 73689(U) |
| Decided on May 29, 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
M87307
E/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2008-06124 Katherine D'Alessandro, appellant, v Midway Nursing Home, respondent. (Index No. 28044/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated April 28, 2009, as dismissed an appeal from a judgment of the Supreme Court, Queens County, entered June 18, 2008, 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 for poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MASTRO, J.P., FISHER, ENG and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court