Opinion
Motion No: 2009-01300 Index No. 22677/08 M126145
09-26-2011
In the Matter of Donald R. Cross, petitioner, v. Town of Babylon, respondent.
, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the petitioner 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 - October 2009 Calendar," dated October 23, 2009, as dismissed a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Suffolk County, dated January 27, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court