| Matter of Goldberger v Eisner |
| Motion No: 2009-09342 |
| Slip Opinion No: 2011 NY Slip Op 72189(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M119730
E/sl
A. GAIL PRUDENTI, P.J.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2009-09342 In the Matter of Erno Goldberger, etc., et al., petitioners-respondents, v Sholom Eisner, appellant, et al., respondent. (Index No. 31052/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated February 16, 2011, which dismissed an appeal from an order of the Supreme Court, Kings County, dated July 27, 2009, to enlarge the time to perfect the appeal, for poor person relief, to waive the motion filing fee, and to waive the filing fee for filing 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 branch of the motion which is to waive the motion filing fee is granted; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court