Matter of Salahuddin v Dodd
Motion No: 2010-01230
Slip Opinion No: 2011 NY Slip Op 64276(U)
Decided on February 16, 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

M115447

E/sl

JOSEPH COVELLO, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2010-01230

In the Matter of Zakiyyah Salahuddin, appellant,

v J. Dodd, etc., et al., respondents.

(Index No. 7057/09)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated December 1, 2010, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2010 Calendar," as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated January 12, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, for poor person relief, and for the assignment of counsel.

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 branches of the motion which are to recall and vacate so much of the decision and order on motion dated December 1, 2010, as dismissed the appeal from the order dated January 12, 2010, and to reinstate the appeal are denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief, and for the assignment of counsel are denied as academic.

COVELLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court