| Goldberger v Eisner |
| Motion No: 2008-11604 |
| Slip Opinion No: 2010 NY Slip Op 60178(U) |
| Decided on January 6, 2010 |
| 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
M96892
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2008-11604 Erno Goldberger, etc., et al., respondents, v Benjamin Eisner, defendant, Sholom Eisner, appellant. (Index No. 17302/02)
| 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 - July 2009 Calendar" dated July 31, 2009, as dismissed an appeal from a judgment of the Supreme Court, Kings County, entered November 7, 2008, 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.
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.
SKELOS, J.P., SANTUCCI, DICKERSON and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court