Parks v Monteleone
Motion No: 2010-11130
Slip Opinion No: 2012 NY Slip Op 69662(U)
Decided on April 6, 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

M135886

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2010-11130

Anthony Parks, appellant, v Carmine

Monteleone, et al., respondents.

(Index No. 09-9817)

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 - February 2012 Calendar," dated February 3, 2012, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered October 15, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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.

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court