| Matter of Valon v DiSalvo |
| Motion No: 2009-05198 |
| Slip Opinion No: 2010 NY Slip Op 64166(U) |
| Decided on February 24, 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
M98756
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
LEONARD B. AUSTIN, JJ.
|
2009-05198
In the Matter of Phyllis Valon, appellant, v Louis DiSalvo, Jr., respondent. (Index No. 2025/07)
| 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 - October 2009 Calendar," dated October 23, 2009, as dismissed an appeal from an order of the Supreme Court, Putnam County, dated December 2, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court