Washington Mutual Bank, F.A. v O'Connor
Motion No: 2008-05426
Slip Opinion No: 2009 NY Slip Op 91368(U)
Decided on December 15, 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

M95858

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-05426

Washington Mutual Bank, F.A., etc., appellant,

v Terrence C. O'Connor, et al., respondents,

et al., defendants.

(Index No. 23158/02)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to recall and vacate a decision and order of this court dated June 9, 2009, which determined an appeal from an order of the Supreme Court, Queens County, entered April 22, 2008, to enlarge the time to serve and file a brief, and for a de novo determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court