| Matter of DeMarco v New York City Board of Education |
| Motion No: 2010-07716 |
| Slip Opinion No: 2011 NY Slip Op 87894(U) |
| Decided on October 25, 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
M127828
E/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-07716 In the Matter of Nicola DeMarco, appellant, v New York City Board of Education, et al., respondents. (Index No. 26690/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, 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 - July 2011 Calendar," dated July 29, 2011, as dismissed an appeal from an order of the Supreme Court, Queens County, dated June 14, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, and to waive the motion filing fee.
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 branch of the motion which is to waive the motion filing fee is granted; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court