| Matter of Dawson v New York State Division of Human Righ |
| Motion No: 2009-07139 |
| Slip Opinion No: 2010 NY Slip Op 90257(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
M112374
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2009-07139 In the Matter of Albert Dawson, petitioner, v New York State Division of Human Rights, et al., respondents. (Index No. 43151-08)
| DECISION & ORDER ON MOTION |
Motion by the petitioner 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 - April 2010 Calendar," dated April 19, 2010, as dismissed a proceeding pursuant to Executive Law § 298, which was transferred to this Court by an order of the Supreme Court, Suffolk County, dated July 21, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court April 19, 2010, as dismissed the instant proceeding, is recalled and vacated, and the proceeding is reinstated; and it is further,
ORDERED that the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR § 670.9[d][2]), and by serving and filing a brief is enlarged until January 10, 2011.
DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court