| Ciafone v Carter |
| Motion No: 2009-09721 |
| Slip Opinion No: 2011 NY Slip Op 60731(U) |
| Decided on January 10, 2011 |
| 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
M113544
E/ct
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2009-09721 John J. Ciafone, etc., appellant, v Diane Carter, respondent. (Index No. 519/09)
| 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 - July 2010 Calendar," dated August 4, 2010, as dismissed an appeal from an order of the Supreme Court, Queens County, entered August 24, 2009, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court