| Petracca v Petracca |
| Motion No: 2008-11485 |
| Slip Opinion No: 2009 NY Slip Op 84472(U) |
| Decided on September 28, 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
M92470
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
PLUMMER E. LOTT, JJ.
|
2008-11485
Janine Petracca, respondent, v Eugene Petracca, appellant. (Index No. 201099/08)
| DECISION & ORDER ON APPLICATION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated June 15, 2009, which dismissed an appeal from an order of the Supreme Court, Nassau County, dated November 5, 2008, on the ground that no appeal lies as of right from an order which directs a hearing to aid in the determination of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), to reinstate the appeal, for leave to appeal, to enlarge the time to perfect the appeal, and to stay all proceedings in the above-entitled action.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SPOLZINO, J.P., SANTUCCI, FLORIO and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court