| Oyague v Incorporated Village of Malverne |
| Motion No: 2008-01522 |
| Slip Opinion No: 2009 NY Slip Op 83358(U) |
| Decided on September 17, 2009 |
| 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
M91975
E/sl
HOWARD MILLER, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2008-01522 Ralph Oyague, appellant, v Incorporated Village of Malverne, et al., respondents. (Index No. 19159/93)
| 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 - November 2008 Calendar," dated December 8, 2008, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated January 2, 2008, 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.
MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court