| Javino v Javino |
| Motion No: 2015-03407 |
| Slip Opinion No: 2016 NY Slip Op 68641(U) |
| Decided on March 28, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M208771
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2015-03407 Dale Robert Javino, appellant, v Colleen Elizabeth Javino, respondent. (Index No. 34925/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated December 30, 2015, which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated April 10, 2015, for failure to timely perfect and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion of this Court dated December 30, 2015, and to reinstate the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court