| 9713 Capital, LLC v 97-13 Realty Corp. |
| Motion No: 2012-05842 |
| Slip Opinion No: 2013 NY Slip Op 65248(U) |
| Decided on February 21, 2013 |
| 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
M151656
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2012-05842 9713 Capital, LLC, respondent, v 97-13 Realty Corp., et al., defendants; Irving Bisono, nonparty-appellant. (Index No. 20138/08)
| DECISION & ORDER ON MOTION |
Motion by Irving Bisono 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 - November 2012 Calendar," dated November 29, 2012, as dismissed an appeal from an order of the Supreme Court, Queens County, entered February 28, 2012, 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.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court