Lindow v Heaven
Motion No: 2013-04689
Slip Opinion No: 2014 NY Slip Op 84364(U)
Decided on September 23, 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

M180127

T/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2013-04689

Curnal Lindow, appellant, et al., plaintiff,

v Oniel Heaven, et al., respondents.

(Index No. 13141/12)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his prior motion 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 2014 Calendar." dated April 17, 2014, as dismissed an appeal from an order of the Supreme Court, Kings County, dated April 15, 2013, 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. The appellant's prior motion was determined by decision and order on motion of this Court dated May 28, 2014.

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.

DILLON, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court