Manko v Shorefront Apartments, LLC
Motion No: 2011-03289
Slip Opinion No: 2012 NY Slip Op 84722(U)
Decided on September 18, 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

M143620

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-03289

Nella Manko, appellant,

v Shorefront Apartments, LLC,

et al., respondents.

(Index No. 21055/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this Court dated May 15, 2012, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 18, 2011, for failure to timely perfect and reinstate the appeal, for leave to proceed as a poor person, and to waive the motion filing fee.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see 22 NYCRR 670.22[a][2]); and it is further,

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this Court dated May 15, 2012, as dismissed the appeal and reinstate the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court