| Michaelessi v Michaelessi |
| Motion No: 2006-04387 |
| Slip Opinion No: 2010 NY Slip Op 61359(U) |
| Decided on January 19, 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
M97376
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
HOWARD MILLER
CHERYL E. CHAMBERS, JJ.
|
2006-04387 Adaymee Michaelessi, respondents, v Charles Michaelessi, appellant. (Index No. 1385/04)
| 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 - January 2007 Calendar," dated February 5, 2007, as dismissed an appeal from a judgment of the Supreme Court, Kings County, dated March 7, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect 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.
DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court