Matter of DePass v Powers
Motion No: 2011-05845
Slip Opinion No: 2012 NY Slip Op 69529(U)
Decided on April 5, 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

M135847

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-05845

In the Matter of Janet DePass, respondent,

v James Thaddeus Powers, appellant.

(Docket Nos. V-15468/10, V-18546/10)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated December 13, 2011, which dismissed an appeal from an order of the Family Court, Suffolk County, dated June 3, 2011, for failure timely perfect in accordance with a scheduling order of this Court dated September 29, 2011 (22 NYCRR 670.4[a][2]).

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

ORDERED that the motion is denied.

RIVERA, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court