| Palmieri v Ludwig |
| Motion No: 2011-08461 |
| Slip Opinion No: 2012 NY Slip Op 82817(U) |
| Decided on August 29, 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
M142847
E/ct
THOMAS A. DICKERSON, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2011-08461 Paul Palmieri, plaintiff, v Lisa Ludwig, et al., respondents; Erin Horn, nonparty-appellant. (Index No. 10831/04)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-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 - April 2012 Calendar," dated April 18, 2012, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated May 2, 2011, 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.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court