Campos v Hernandez
Motion No: 2009-04525
Slip Opinion No: 2010 NY Slip Op 71509(U)
Decided on May 14, 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

M102548

E/ct

PETER B. SKELOS, J.P.

JOSEPH COVELLO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-04525

Michael Campos, appellant,

v Evaristo Hernandez, respondent.

(Index No. 1969/06)

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 19, 2010, as dismissed an appeal from an order of the Supreme Court, Kings County, dated March 23, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

SKELOS, J.P., COVELLO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court