| Miotto v Miotto |
| Motion No: 2009-03090 |
| Slip Opinion No: 2009 NY Slip Op 86735(U) |
| Decided on October 22, 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
M93509
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2009-03090 Linda Miotto, respondent, v Eric Miotto, appellant. (Index No. 05-4076)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 28, 2009, which dismissed an appeal from an order of the Supreme Court, Westchester County, dated January 29, 2009, on the ground that no appeal lies from an order denying leave to renew and reargue a decision (see DeFalco v JRS Confectionary, 118 AD2d 752, 753), to reinstate the appeal, to enlarge the time to perfect the appeal, and for poor persons relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to taking an appeal from the judgment of divorce once it has been entered.
DILLON, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court