| Matter of Cross v Town of Babylon |
| Motion No: 2009-01300 |
| Slip Opinion No: 2011 NY Slip Op 84882(U) |
| Decided on September 26, 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
M126145
E/ct
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2009-01300 In the Matter of Donald R. Cross, petitioner, v Town of Babylon, respondent. (Index No. 22677/08)
| DECISION & ORDER ON MOTION |
Motion by the petitioner 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 - October 2009 Calendar," dated October 23, 2009, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Suffolk County, dated January 27, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.
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., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court