| St. George's Operating & Improvement Co., Inc. v Wilson |
| Motion No: 2007-08932 |
| Slip Opinion No: 2010 NY Slip Op 73078(U) |
| Decided on June 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
M103662
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2007-08932, 2009-08543 St. George's Operating & Improvement Co., Inc., respondent, v James O. Wilson, appellant. (Index No. 19862/06)
| 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 - May 2008 Calendar," dated June 18, 2008, as dismissed an appeal from a judgment of the Supreme Court, Suffolk County, entered August 17, 2007 (Appellate Division Docket No. 2007-08932), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and to consolidate that appeal with an appeal from a judgment of the same court entered June 24, 2009 (Appellate Division Docket No. 2009-08543).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated June 18, 2008, as dismissed the appeal from the judgment entered August 17, 2007 (Appellate Division Docket No. 2007-08932), to reinstate the appeal, and to enlarge the time to perfect the appeal are denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court