Wen Zong Yu v Hua Fan
Motion No: 2008-02562
Slip Opinion No: 2009 NY Slip Op 90043(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95273

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2008-02562

Wen Zong Yu, appellant,

v Hua Fan, respondent.

(Index No. 19503/04)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect to recall and vacate a decision and order of this court dated September 29, 2009, which determined an appeal from an order of the Supreme Court, Queens County, dated October 17, 2007, to allow the appellant to serve and file a supplemental record, and to recalendar the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court