Todd Rotwein, D.P.M., P.C. v Nader Enterprises, LLC
Motion No: 2012-10104
Slip Opinion No: 2013 NY Slip Op 71460(U)
Decided on April 23, 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

M155128

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-10104

Todd Rotwein, D.P.M., P.C., appellant-

respondent, v Nader Enterprises, LLC,

et al., respondents-appellants.

(Index No. 454/08)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated February 7, 2013, as dismissed an appeal from a decision of the Supreme Court, Nassau County, dated August 14, 2012, and either deem the notice of appeal from the decision to be a timely notice of appeal from a judgment of the same court entered October 31, 2012, or to extend their time to appeal from the judgment.

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., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court