| Foksinski v Lord-Vaccaro Construction, Inc. |
| Motion No: 2008-08275 |
| Slip Opinion No: 2011 NY Slip Op 66979(U) |
| Decided on March 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. |
Appellate Division: Second Judicial Department
M117092
E/ct
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2008-08275 Wieslaw Foksinski, plaintiff, v Lord - Vaccaro Construction, Inc., defendant, Donald Marcus, et al., defendants third-party plaintiffs-respondents; Ryan & Vaccaro Architects, et al., third-party defendants-appellants, et al., third-party defendants. (Index No. 23189/05)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendants-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 - May 2009 Calendar," dated May 26, 2009, as dismissed an appeal from an order of the Supreme Court, Kings County, dated August 5, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, and for an award of legal fees and costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SKELOS, J.P., ENG, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court