Alicea v Alicea
Motion No: 2011-02191
Slip Opinion No: 2013 NY Slip Op 72362(U)
Decided on May 1, 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

M155588

E/nl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-02191

Gianna L. Alicea, appellant,

v Victor J. Alicea, respondent.

(Index No. 5132/07)

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 the Dismissal of Causes for Failure to Perfect - April 2012 Calendar," dated April 18, 2012, as dismissed an appeal from a judgment of the Supreme Court, Dutchess County, dated December 22, 2010, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

BALKIN, J.P., LEVENTHAL, SGROI, and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court