| Matter of Signature Health Center, LLC v New York State De |
| Motion No: 2010-09222 |
| Slip Opinion No: 2011 NY Slip Op 77448(U) |
| Decided on July 1, 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
M122331
E/nl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2010-09222
In the Matter of Signature Health Center, LLC, appellant, v New York State Department of Health, et al., respondents. (Index No. 6610/10)
| 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, Westchester County, entered August 24, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and, in effect, for leave to withdraw 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 granted, so much of the decision and order on motion of this Court dated April 26, 2011, as dismissed the appeal, is recalled and vacated, and the appeal is deemed withdrawn, without costs or disbursements.
SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court