Matter of T. (Anonymous), Eligio; Tung Yuen Tom
Motion No: 2010-02547
Slip Opinion No: 2010 NY Slip Op 83845(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

M108706

E/sl

A. GAIL PRUDENTI, P.J.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-02547

In the Matter of Eligio T. (Anonymous).

Tung Yuen Tom, appellant; Dolly C.

(Anonymous), respondent.

(Index No. 100260/05)

DECISION & ORDER ON MOTION

Motion by the respondent to recall and vacate a decision and order on motion of this Court dated June 18, 2010, which dismissed an appeal from an order of the Supreme Court, Kings County, dated February 25, 2010, for failure to comply with a decision and order on motion of this Court dated April 5, 2010, which directed the appellant to perfect the appeal on or before May 10, 2010, 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 in relation thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court