Pettus v City of New York
Motion No: 2009-08474
Slip Opinion No: 2010 NY Slip Op 90916(U)
Decided on December 15, 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

M112719

E/sl

STEVEN W. FISHER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-08474

James Pettus, appellant,

v City of New York, et al., respondents.

(Index No. 27959/06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated June 1, 2010, which dismissed an appeal from an order of the Supreme Court, Kings County, dated June 7, 2009, to reinstate the appeal, and for poor person relief and the assignment of counsel.

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.

FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court