LaSalle Bank National Association v Whitley
Motion No: 2009-10527
Slip Opinion No: 2010 NY Slip Op 83232(U)
Decided on September 23, 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

M108705

E/sl

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-10527

LaSalle Bank National Association, etc.,

respondent, v Patricia Whitley, et al., defendants,

Barbra Whitley, also known as Barbara

Whitley, appellant.

(Index No. 21605/08)

DECISION & ORDER ON MOTION

Motion by Patricia Whitley, and Barbra Whitley, also known as Barbara Whitley 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 - July 2010 Calendar," dated August 4, 2010, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 5, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

COVELLO, J.P., LEVENTHAL, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court