| Starker v Trump Village Section 4, Inc. |
| Motion No: 2011-01765 |
| Slip Opinion No: 2011 NY Slip Op 88751(U) |
| Decided on November 2, 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
M128260
E/sl
ANITA R. FLORIO, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-01765 Oscar Starker, appellant, v Trump Village Section 4, Inc., et al., defendants, New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 7627/09)
| 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 - July 2011 Calendar," dated July 29, 2011, as dismissed an appeal from an order of the Supreme Court, Kings County, dated December 2, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, to waive the filing fee, and for poor person relief.
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 dismissed for failure to file proof of service of the motion in accordance with the terms of the order to show cause.
FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court