| Schwartz v Town of Mamaroneck |
| Motion No: 2011-04527 |
| Slip Opinion No: 2012 NY Slip Op 91122(U) |
| Decided on November 21, 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
M146620
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-04527 Steven M. Schwartz, appellant, v Town of Mamaroneck, respondent. (Index No. 09-25868)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated August 8, 2012, which dismissed an appeal from an order of the Supreme Court, Westchester County, dated April 1, 2011, for failure to timely perfect, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.
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 motion is denied.
BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court