Burton v Burton
Motion No: 2015-02333
Slip Opinion No: 2017 NY Slip Op 61063(U)
Decided on January 13, 2017
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

M224583

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2015-02333

Frank Burton, et al., respondents,

v Pierre Burton, appellant.

(Index No. 102821/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated July 21, 2016, which, inter alia, dismissed an appeal from an order and interlocutory judgment (one paper) of the Supreme Court, Richmond County, dated January 14, 2015, for failure to timely perfect, and to stay the sale of the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and papers filed in opposition thereto, it is

ORDERED that the motion is denied.

LEVENTHAL, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court