| Smith v Poughkeepsie City School District |
| Motion No: 2009-08529 |
| Slip Opinion No: 2011 NY Slip Op 60946(U) |
| Decided on January 11, 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
M113574
E/sl
A. GAIL PRUDENTI, P.J.
DANIEL D. ANGIOLILLO
ANITA R. FLORIO
SANDRA L. SGROI, JJ.
|
2009-08529 Kaila Smith, etc., et al., appellants, v Poughkeepsie City School District, respondent. (Index No. 3677/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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, Dutchess County, dated August 3, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., ANGIOLILLO, FLORIO and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court