Matter of Jingling Tang v Ish-Shalom
Motion No: 2009-05034
Slip Opinion No: 2010 NY Slip Op 62545(U)
Decided on February 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98098

S/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-05034

In the Matter of Jingling Tang, respondent,

v Jehuda Ish-Shalom, appellant.

(Docket No. V-19073-05)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated December 31, 2009, which dismissed an appeal from an order of the Family Court, Queens County, dated April 20, 2009, to reinstate the appeal, and to enlarge the time to perfect the appeal, and to waive the motion filing fee for this motion.

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

ORDERED that the branch of the motion which is to waive the motion filing fee is denied; and it is further,

ORDERED that the remainder of the motion is dismissed without prejudice to renew upon payment of the motion filing fee (see 22 NYCRR 670.22[a][2]).

COVELLO, J.P., MILLER, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court