| Mikolaski v Village of Westhampton Beach |
| Motion No: 2007-10209 |
| Slip Opinion No: 2010 NY Slip Op 90244(U) |
| Decided on December 9, 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
M112309
E/ct
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2007-10209 Ted M. Mikolaski, appellant, v Village of Westhampton Beach, et al., respondents. (Index No. 98/05)
| 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 - May 2008 Calendar," dated June 18, 2008, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated October 16, 2007, 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.
RIVERA, J.P., DICKERSON, LOTT and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court