| Wells Fargo Bank v Payne |
| Motion No: 2009-03670 |
| Slip Opinion No: 2010 NY Slip Op 89522(U) |
| Decided on December 2, 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
M111821
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2009-03670 Wells Fargo Bank, etc., respondent, v Patricia Payne, appellant, et al., defendant. (Index No. 33009/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, 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," dated February 19, 2010, as dismissed an appeal from a judgment of the Supreme Court, Kings County, dated January 14, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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.
DILLON, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court