Matter of D. (Anonymous), Joseph, a/k/a D. (Anonymous), Gi
Motion No: 2009-04831
Slip Opinion No: 2010 NY Slip Op 69677(U)
Decided on April 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101878

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT, JJ.

2009-04831 2009-04854, 2009-04855,

2009-05342

In the Matter of Joseph D. (Anonymous),

a/k/a Giuseppe D. (Anonymous), respondent;

Frank D. (Anonymous), appellant; et al.,

respondents; Robert Kruger, nonparty-

respondent.

(Index No. 12891/06)

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 9, 2010, as dismissed appeals from four orders of the Supreme Court, Queens County, dated December 3, 2008, March 27, 2009 (two orders), and April 7, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., FLORIO, ANGIOLILLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court