Emigrant Savings Bank v Williams
Motion No: 2006-11019
Slip Opinion No: 2009 NY Slip Op 83128(U)
Decided on September 16, 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

M92018

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

SHERI S. ROMAN, JJ.

2006-11019

Emigrant Savings Bank, respondent,

v Earline Williams, et al., defendants;

Claudius Bryce, et al., nonparty-appellants.

(Index No. 19903/05)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants 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 - July 2007 Calendar," dated August 13, 2007, as dismissed an appeal from an order of the Supreme Court, Queens County, entered October 11, 2006, 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.

SKELOS, J.P., COVELLO, ANGIOLILLO and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court