| Grucci v Grucci |
| Motion No: 2009-02431 |
| Slip Opinion No: 2010 NY Slip Op 67303(U) |
| Decided on April 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
M100720
E/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2009-02431 Michael Grucci, appellant, v Christine Grucci, respondent. (Index No. 7422-02)
| 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 2010 Calendar," dated February 19, 2010, as dismissed an appeal from a judgment of the Supreme Court, Suffolk County, entered February 3, 2009, 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 dismissed without prejudice to making a new motion upon proof of proper service upon Sinnreich Kosakoff & Messina, LLP, as attorneys for the respondent.
COVELLO, J.P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court