Midfirst Bank v Evans
Motion No: 2010-05251
Slip Opinion No: 2011 NY Slip Op 86118(U)
Decided on October 7, 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

M126959

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2010-05251, 2010-11399

Midfirst Bank, etc., respondent, v Lillian

Evans, appellant, et al., defendants.

(Index No. 1571/08)

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 - February 2011 Calendar," dated February 15, 2011, as dismissed appeals from two orders of the Supreme Court, Orange County, dated May 11, 2010, and May 14, 2010, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeals, to enlarge the time to perfect the appeals, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, for poor person relief, and for the assignment of counsel.

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

ORDERED that the motion is denied.

MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court