Felix v Law Offices of Thomas F. Liotti
Motion No: 2008-01926
Slip Opinion No: 2009 NY Slip Op 76484(U)
Decided on June 26, 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

M88434

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-01926

Donald Felix, appellant, v Law Offices of

Thomas F. Liotti, respondent.

(Index No. 8395/07)

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, Nassau County, dated January 15, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, 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 relation or opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court