McMahan v McMahan
Motion No: 2011-05468
Slip Opinion No: 2011 NY Slip Op 88374(U)
Decided on October 28, 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

M127981

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-05468

David Bruce McMahan, respondent,

v Elena McMahan, appellant.

(Index No. 399/05)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated July 8, 2011, which dismissed an appeal from a decision of the Supreme Court, Queens County, entered May 9 2011, and to reinstate 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 (see CPLR 2219, 5011).

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court