| Matter of Esposito v Kelly |
| Motion No: 2007-06040 |
| Slip Opinion No: 2011 NY Slip Op 60787(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
M113448
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2007-06040 In the Matter of Sam Esposito, petitioner, v Raymond Kelly, etc., et al., respondents. (Index No. 5607/06)
| 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 - February 2008 Calendar," dated March 4, 2008, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Queens County, dated April 18, 2007, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court