Beneficial New York, Inc. v Askew
Motion No: 2012-00912
Slip Opinion No: 2013 NY Slip Op 72818(U)
Decided on May 6, 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

M155880

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2012-00912

Beneficial New York, Inc., respondent,

v Patricia Askew, et al., appellants.

(Index No. 10-1644)

DECISION & ORDER ON MOTION

Motion by the appellant George J. Askew 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 - August 2012 Calendar," dated September 6, 2012, as dismissed an appeal from an amended order of the Supreme Court, Orange County, dated November 29, 2011, 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.

RIVERA, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court