| Matter of Gallipoli v Scalone |
| Motion No: 2008-08973 |
| Slip Opinion No: 2009 NY Slip Op 86082(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M93210
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2008-08973 In the Matter of Victoria Anne Gallipoli, appellant, v Alan Scalone, respondent. (Docket No. V-03426-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated March 9, 2009, which dismissed an appeal from an order of the Family Court, Dutchess County, dated August 13, 2008, for failure to comply with a scheduling order dated October 10, 2008, issued pursuant to 22 NYCRR 670.4(a)(2), 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 relation or in opposition thereto, it is
ORDERED that the motion is denied.
MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court