| People ex rel. Perez v Ercole |
| Motion No: 2009-05490 |
| Slip Opinion No: 2011 NY Slip Op 88573(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. |
Appellate Division: Second Judicial Department
M128062
E/ct
REINALDO E. RIVERA, J.P.
RANDALL T. ENG
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2009-05490 The People etc., ex rel., John Perez, appellant, v Robert Ercole, etc., respondent.
(Index No. 820/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se 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, Dutchess County, dated May 4, 2009, 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 for poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court