Manko v Strauss
Motion No: 2011-05994
Slip Opinion No: 2013 NY Slip Op 87424(U)
Decided on October 7, 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

M163149

E/sl

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-05994

Nella Manko, appellant, v Elton Strauss,

etc., et al., respondents, et al., defendants.

(Index No. 25157/10)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated August 21, 2012, which, inter alia, dismissed an appeal from an order of the Supreme Court, Kings County, dated April 5, 2011, and to waive the motion filing fee.

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 branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion of this Court dated August 21, 2012, is denied; and it is further,

ORDERED that the appellant is precluded from making further motions concerning this appeal without prior leave of the Court.

ENG, P.J., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court