| Elite Environmental and Tank Testing Service v Hyra |
| Motion No: 2009-07875 |
| Slip Opinion No: 2011 NY Slip Op 67861(U) |
| Decided on March 23, 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
M117466
E/ct
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2009-07875 Elite Environmental and Tank Testing Service, respondent, v Marek Hyra, et al., appellants. (Index No. 9803/07)
| 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 April 2010 Calendar," dated April 19, 2010, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated June 23, 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.
SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court