| Matter of Jo-Be Properties, LLC v Board of Assessors |
| Motion No: 2009-01348 |
| Slip Opinion No: 2010 NY Slip Op 64485(U) |
| Decided on March 1, 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
M99217
E/sl
A. GAIL PRUDENTI, P.J.
JOSEPH COVELLO
HOWARD MILLER
LEONARD B. AUSTIN, JJ.
|
2009-01348 In the Matter of Jo-Be Properties, LLC, respondent, v Board of Assessors, et al., appellants. (Index No. 414071/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, 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 and judgment (one paper) of the Supreme Court, Nassau County, dated November 17, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, and to reinstate 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.
PRUDENTI, P.J., COVELLO, MILLER and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court