Taub v Taub
Motion No: 2008-03650
Slip Opinion No: 2009 NY Slip Op 75336(U)
Decided on June 17, 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

M88101

E/cb

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2008-03650

Simon Taub, respondent,

v Chana Taub, appellant.

(Index No. 6919/08)

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 November 24, 2008, as dismissed an appeal from an order of the Supreme Court, Kings County, dated April 4, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SPOLZINO, J.P., SANTUCCI, FLORIO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court