Hussain v L & L Painting Comp.
Motion No: 2010-05481
Slip Opinion No: 2011 NY Slip Op 75327(U)
Decided on June 10, 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

M121342

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2010-05481

Syed R. Hussain, appellant,

v L & L Painting Comp., et al., respondents.

(Index No. 41289/04)

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 - April 2011 Calendar," dated April 26, 2011, as dismissed an appeal from an order of the Supreme Court, Kings County, dated April 7, 2010, 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.

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court