| Forman Fifth, LLC, doing business as 319 Fifth Avenue R |
| Motion No: 2011-03456 |
| Slip Opinion No: 2012 NY Slip Op 75012(U) |
| Decided on June 1, 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
M138535
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2011-03456 Forman Fifth, LLC, doing business as 319 Fifth Avenue Realty, appellant, v Hong Shik Kim, et al., respondents. (Index No. 21456/09)
| 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 - February 2012 Calendar", dated February 3, 2012, as dismissed an appeal from an order of the Supreme Court, Queens County, dated December 22, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect 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.
SKELOS, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court