Rico v Gerard Owners Corp.
Motion No: 2014-07346
Slip Opinion No: 2015 NY Slip Op 93193(U)
Decided on December 10, 2015
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

M202859

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-07346

Jose D. Rico, appellant, v Gerard

Owners Corp., et al., respondents.

(Index No. 703733/13)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated September 24, 2015, which dismissed an appeal from an order of the Supreme Court, Queens County, entered June 3, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, 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.

RIVERA, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court