Phelps v Nassau County Medical Center
Motion No: 2009-04186
Slip Opinion No: 2010 NY Slip Op 90917(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

M112716

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-04186

Claude Phelps, appellant, v Nassau County

Medical Center, etc., respondent.

(Index No. 1071/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to recall and vacate a decision and order on motion of this Court dated August 17, 2010, which dismissed an appeal from a judgment of the Supreme Court, Nassau County, dated April 7, 2009, for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, for poor person relief, for the assignment of counsel, and to waive the filing fee.

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.

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court