Citimortgage, Inc. v Prince
Motion No: 2010-09373
Slip Opinion No: 2011 NY Slip Op 76487(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M121904

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-09373

Citimortgage, Inc., respondent,

v Eric Prince, appellant, et al., defendants.

(Index No. 5189/09)

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, Queens County, entered July 15, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court