| Wells Fargo Bank Minnesota, N.A. v Dukes |
| Motion No: 2008-09593 |
| Slip Opinion No: 2010 NY Slip Op 63801(U) |
| Decided on February 22, 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
M98938
E/sl
JOSEPH COVELLO, J.P.
HOWARD MILLER
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2008-09593 Wells Fargo Bank Minnesota, N.A., respondent, v Gordon Dukes, appellant, et al., defendants. (Index No. 20205-03)
| 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 an order of the Supreme Court, Suffolk County, dated October 1, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, for poor person relief and the assignment of counsel, and to stay his eviction from the subject premises.
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.
COVELLO, J.P., MILLER, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court