| Phillips v Isaiah Owens Funeral Service, Inc. |
| Motion No: 2009-01501 |
| Slip Opinion No: 2010 NY Slip Op 85207(U) |
| Decided on October 18, 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
M109622
E/sl
REINALDO E. RIVERA, J.P.
JOSEPH COVELLO
FRED T. SANTUCCI
SANDRA L. SGROI, JJ.
|
2009-01501, 2009-01502 Glenda Phillips, respondent, v Isaiah Owens Funeral Services, Inc., et al., defendants, Joseph Fleming, etc., et al., appellants. (Index No. 30258/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 appeals from two orders of the Supreme Court, Kings County, dated July 16, 2008, and November 18, 2008, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeals, to enlarge the time to perfect the appeals, and to stay an inquest, trial, or further proceedings in the above-entitled action, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated February 19, 2010, as dismissed the appeals and to reinstate the appeals are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., COVELLO, SANTUCCI and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court