| Matter of Collier v Ercole |
| Motion No: 2010-07414 |
| Slip Opinion No: 2012 NY Slip Op 62551(U) |
| Decided on January 27, 2012 |
| 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
M132332
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2010-07414 In the Matter of Maurice Collier, appellant, v Robert Ercole, etc., respondent.
(Index No. 459/09)
| 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, Dutchess County, dated June 18, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., FLORIO, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court