Schaffe v SimmsParris
Motion No: 2010-01852
Slip Opinion No: 2011 NY Slip Op 75612(U)
Decided on June 14, 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

M121402

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-01852

Paulette Schaffe, respondent,

v Michelle SimmsParris, et al., appellants.

(Index No. 25433/08)

DECISION & ORDER ON MOTION

Motion by the respondent to vacate a decision and order of this Court dated March 8, 2011, which determined an appeal from an order of the Supreme Court, Kings County, entered December 30, 2009, on the ground that the appellants failed to properly serve the notice of appeal, record on appeal, and appellants' brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., ENG, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court