Matter of Sawyer v Yuan
Motion No: 2010-02829
Slip Opinion No: 2012 NY Slip Op 64316(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

M133153

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-02829

In the Matter of Stephen Sawyer, petitioner-

respondent, v Theresa Yuan, respondent;

Nancy Erickson, et al., nonparty-appellants.

(Docket Nos. V-1636-05, V-17041-09)

DECISION & ORDER ON MOTION

Motion by Theresa Yuan, inter alia, to recall and vacate a decision and order on motion of this Court dated September 13, 2011, which dismissed her appeal from an order of the Family Court, Queens County, dated March 19, 2010, for failure to timely perfect in accordance with the rules (22 NYCRR 670.4[a][2]) and for summary reversal.

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

ORDERED that the motion is denied.

DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court