| Gurman v Fotiades |
| Motion No: 2004-02023 |
| Slip Opinion No: 2010 NY Slip Op 80151(U) |
| Decided on August 19, 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
M107312
J/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2004-02023, 2008-09354 Helen Gurman, et al., respondents, v Daphne M. N. Fotiades, et al., appellants. (Index No. 273/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, 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 - October 2004 Calendar," dated November 3, 2004, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2004, to reinstate the appeal and for leave to withdraw the appeal, and upon withdrawal of that appeal, for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated September 5, 2008, which was determined by decision and order of this court dated May 25, 2010, or in the alternative, leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court