People ex rel. Norris v Heath
Motion No: 2012-00659
Slip Opinion No: 2014 NY Slip Op 66197(U)
Decided on March 11, 2014
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

M170791

E/ct

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-00659

The People, etc., ex rel., Wayne Norris,

appellant, v Philip D. Heath, etc., respondent.

(Ind. No. 10-00699)

DECISION & ORDER ON MOTION

Motion by the appellant pro se 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 2013 Calendar," dated May 3, 2013, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated September 28, 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.

DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court