| Breytman v Wiener Realty, LLC |
| Motion No: 2008-10928 |
| Slip Opinion No: 2009 NY Slip Op 90028(U) |
| Decided on December 2, 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
M95201
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2008-10928 Alexander Breytman, appellant, v Wiener Realty, LLC, et al., respondents. (Index No. 33073/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 - May 2009 Calendar," dated May 26, 2009, as dismissed an appeal from an order of the Supreme Court, Kings County, dated December 11, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal. Cross motion by the respondents Wiener Realty, LLC, Olinville Realty, LLC, Pinnacle Bronx, LLC, Joel Wiener, Harry Hirsh, Effie Galata, Donna Fabrizio, Pat Forester, Sadat Rugova, Jaffe & Asher, LLP, Mark Monack, and Ira Glauber to impose a sanction upon the appellant and to preclude the appellant from commencing further litigation against them or filing any motions against them without prior court approval.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court