Mortgage Electronic Registration Systems, Inc. v Lockhart
Motion No: 2008-08181
Slip Opinion No: 2009 NY Slip Op 76491(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

M88643

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-08181

Mortgage Electronic Registration Systems, Inc.,

et al., respondents, v Jame C. Lockhart III, a/k/a

James C. Lockhart, appellant, et al., defendants.

(Index No. 13171/05)

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 - May 2009 Calendar," dated May 26, 2009, as dismissed an appeal from an order of the Supreme Court, Queens County, dated July 11, 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 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