| Estate of Benancio Rodriguez v Martinez |
| Motion No: 2015-01706 |
| Slip Opinion No: 2017 NY Slip Op 63315(U) |
| Decided on February 6, 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. |
Appellate Division: Second Judicial Department
M225747
E/afa
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.
|
2015-01706 Estate of Benancio Rodriguez, etc., respondent, v Milagros Martinez, et al., appellants, et al., defendants. (Index No. 865/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue their prior motion, inter alia, 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 2016 Calendar," dated March 10, 2016, as dismissed an appeal from an order of the Supreme Court, Kings County, dated December 11, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect and to reinstate the appeal. The prior motion was determined by decision and order on motion of this Court dated October 3, 2016.
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., AUSTIN, SGROI and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court