| Prospect Park Management, L.L.C. v Beatty |
| Motion No: 2008-04779 |
| Slip Opinion No: 2009 NY Slip Op 78449(U) |
| Decided on July 20, 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
M89668
S/nl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2008-04779 Prospect Park Management, LLC, appellant, v Albert Beatty, et al., respondents. (Index No. 12698/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2009 Calendar", dated March 17, 2009, which dismissed an appeal from an order of the Supreme Court, Kings County, dated May 6, 2008, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew, on or before August 7, 2009, upon proof of service of the motion upon the respondents personally pursuant to CPLR 2103[c] which service shall constitute notice to the respondents to appoint a new attorney pursuant to CPLR 321(a) or proceed pro se.
SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court