| Matter of Francis, deceased |
| Motion No: 2008-04227 |
| Slip Opinion No: 2009 NY Slip Op 76609(U) |
| Decided on June 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
M88698
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2008-04227 In the Matter of Frances E. Francis, deceased. Donald Maloney, appellant; William Mueller, et al., respondents. (File No. 433/03)
| 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 a decree of the Surrogate's Court, Westchester County, dated April 3, 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.
FISHER, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court