Montero v Montero
Motion No: 2008-11111
Slip Opinion No: 2010 NY Slip Op 83818(U)
Decided on September 30, 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

M108707

E/sl

FRED T. SANTUCCI, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2008-11111

Nives Montero, respondent,

v Carlos Montero, appellant.

(Action No. 1)

Carlos Montero, appellant,

v Nives Montero, respondent.

(Action No. 2)

(Index Nos. 203650/01, 201740/08)

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, Nassau County, dated November 7, 2008, 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.

SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court