Matter of P. (Anonymous) v M. (Anonymous)
Motion No: 2008-09791
Slip Opinion No: 2009 NY Slip Op 81829(U)
Decided on August 27, 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

M91329

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-09791

In the Matter of Lisa P. (Anonymous),

respondent, v James M. (Anonymous),

appellant.

(Docket Nos. P-6121-07, P-6123-07)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated April 13, 2009, which dismissed an appeal from an order of the Family Court, Orange County, dated September 16, 2008, pursuant to 22 NYCRR 670.4(a) 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., DILLON, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court