| Daraio v Schiffman |
| Motion No: 2009-02179 |
| Slip Opinion No: 2009 NY Slip Op 79869(U) |
| Decided on August 5, 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
M90454
S/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
HOWARD MILLER
PLUMMER E. LOTT, JJ.
|
2009-02179 Gail Santiago Daraio, appellant, v Leonard Schiffman, etc., et al., respondents. (Index No. 27856/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that 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 - July 2009 Calendar", dated July 31, 2009, as dismissed an appeal from an order of the Supreme Court, Queens County, dated November 26, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, is recalled and vacated, and the appeal is reinstated.
SPOLZINO, J.P., FISHER, MILLER and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court