Matter of Biton v Meer
Motion No: 2012-08923
Slip Opinion No: 2013 NY Slip Op 72430(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

M155581

E/ct

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2012-08923

In the Matter of Danielle Biton, petitioner,

v Ameena Meer, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner to recall and vacate a decision, order and judgment of this Court dated November 28, 2012, which, inter alia, dismissed a proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondents to "remove all false representations that have been made" by them in certain proceedings, on the ground that this Court does not have subject matter jurisdiction to entertain this proceeding (see CPLR 506[b]; 7804[b]).

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.

MASTRO, J.P., RIVERA, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court