Select Portfolio Servicing v Charlostin
Motion No: 2017-00591
Slip Opinion No: 2018 NY Slip Op 60492(U)
Decided on January 8, 2018
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

M244422

E/jr

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-00591

Select Portfolio Servicing, respondent,

v Sean Charlostin, et al., appellants.

(Index No. 506233/13)

DECISION & ORDER ON MOTION

Motion by the appellants 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," dated July 5, 2017, as dismissed an appeal from an order of the Supreme Court, Kings County, dated December 19, 2016, 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.

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

ORDERED that the motion is denied.

DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court