Levitant v Glickson
Motion No: 2009-11465
Slip Opinion No: 2011 NY Slip Op 88537(U)
Decided on November 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128154

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-11465

Zinoviy Levitant, appellant,

v Lawrence Glickson, respondent.

(Index No. 24829/03)

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 - November 2010 Calendar," dated December 1, 2010, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 22, 2009, and to reinstate the appeal or, in the alternative, to direct the respondent to re-serve the order dated October 22, 2009, with a "correct" notice of entry.

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

ORDERED that the motion is denied.

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court