Vigo v 501 Second Street Holding Corp.
Motion No: 2011-04908
Slip Opinion No: 2011 NY Slip Op 89781(U)
Decided on November 16, 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

M128819

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-04908, 2011-04912

Norma Vigo, plaintiff-respondent,

v 501 Second Street Holding Corp., appellant,

Gihon, LLC, defendant-respondent, et al.,

defendants (and a third-party action).

(Index No. 38083/06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated July 22, 2011, as dismissed appeals from two orders of the Supreme Court, Kings County, both dated March 28, 2011, on the ground that the notice of appeal was defective (see CPLR 5515[1]), to reinstate the appeals, and to enlarge the time to perfect the appeals.

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

ORDERED that the motion is denied.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court