Matter of Rodriguez v Fischer
Motion No: 2013-03194
Slip Opinion No: 2014 NY Slip Op 73151(U)
Decided on May 27, 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

M174578

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-03194

In the Matter of Robert Rodriguez, appella

v Brian Fischer, etc., respondent.

(Index No. 13726/11)

DECISION & ORDER ON MOTION

nt,

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 - January 2014 Calendar," dated February 11, 2014, as dismissed an appeal from an order of the Supreme Court, Kings County, dated September 17, 2012, 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 the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

HALL, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court