Care v Municipal Housing Authority for City of Yonkers
Motion No: 2012-03948
Slip Opinion No: 2012 NY Slip Op 89158(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M145659

E/ct

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2012-03948

Rosella Care, appellant, et al., plaintiff,

v Municipal Housing Authority for City

of Yonkers, respondent.

(Index No. 09-23303)

DECISION & ORDER ON MOTION

Motion by the appellant to vacate a decision and order on motion of this Court dated August 30, 2012, which, inter alia, dismissed an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2012, on the ground that the order was entered upon the appellant's default, 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.

ENG, P.J., DICKERSON, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court