Clarke v Clarke
Motion No: 2009-00543
Slip Opinion No: 2012 NY Slip Op 64252(U)
Decided on February 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M133198

E/sl

WILLIAM F. MASTRO, A.P.J.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2009-00543

Gwendolyn Clarke, appellant,

v Paul K. Clarke, respondent.

(Index No. 06-23904)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order of this Court dated December 13, 2011, which dismissed an appeal from a judgment of the Supreme Court, Westchester County, entered December 9, 2008, on the ground that the record on appeal was inadequate, and to reinstate the appeal.

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 denied.

MASTRO, A.P.J., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court