Damour v Nassau County
Motion No: 2009-09068
Slip Opinion No: 2011 NY Slip Op 63641(U)
Decided on February 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M115249

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-09068

Ernst D. Damour, appellant,

v Nassau County, respondent.

(Index No. 4153/07)

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 - November 2010 Calendar," dated December 1, 2010, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated August 18, 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., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court