| Matter of Daum v Fischer |
| Motion No: 2012-04853 |
| Slip Opinion No: 2018 NY Slip Op 69804(U) |
| Decided on April 16, 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. |
Appellate Division: Second Judicial Department
M248788
E/afa
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2012-04853 In the Matter of Terry Daum, appellant, v Brian Fischer, etc., respondent. (Index No. 3366/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 February 19, 2013, as dismissed an appeal from a judgment of the Supreme Court, Dutchess County, dated August 5, 2009, in the above-entitled matter for failure to timely perfect, and to reinstate the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court