Matter of Brandon v Clauson
Motion No: 2011-10356
Slip Opinion No: 2013 NY Slip Op 67246(U)
Decided on March 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M152498

T/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2011-10356

In the Matter of Anthony Brandon, appellant,

v Melvyn R. Clauson, etc., respondent.

(Index No. 4387/11)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court entitled "In the Matter of Dismissal of Causes for Failure to Perfect - June 2012 Calendar," dated June 25, 2012, as dismissed an appeal from an order of the Supreme Court, Dutchess County, dated September 27, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate that appeal, and to enlarge the time to perfect that 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., RIVERA, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court