| Matter of Petulla v Petulla |
| Motion No: 2008-09565 |
| Slip Opinion No: 2010 NY Slip Op 67915(U) |
| Decided on April 8, 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
M101119
E/sl
A. GAIL PRUDENTI, P.J.
PETER B. SKELOS
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2008-09565 In the Matter of Pauline Petulla, petitioner- respondent, v Vincent Petulla, et al., respondents, Dolores Moscato, appellant. (Docket Nos. V-04230-06, V-04231-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated January 29, 2009, which dismissed an appeal from an order of the Family Court, Richmond County, dated September 12, 2008, for failure to comply with a scheduling order dated November 10, 2008, issued pursuant to 22 NYCRR 670.4(a)(2), to reinstate the appeal, to enlarge the time to perfect the appeal, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew on or before May 13, 2010, upon proper documentation that the appellant was on active duty in military service between October 7, 2008, and January 29, 2009.
PRUDENTI, P.J., SKELOS, FLORIO and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court