People ex rel. Snyder v Warden of Sing Sing Correctional Fac
Motion No: 2008-10946
Slip Opinion No: 2010 NY Slip Op 75347(U)
Decided on June 24, 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

M104319

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-10946

The People, etc., ex rel. Rodney Snyder,

appellant, v Warden of Sing Sing

Correctional Facility, respondent.

(Index No. 08-12432)

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, Westchester County, entered August 25, 2008, 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 relation thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., MILLER, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court