DeMarco v. New York City Bd. of Educ.

Full title: In the Matter of Nicola DeMarco, appellant, v. New York City Board of…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 25, 2011

2011 N.Y. Slip Op. 87894 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-07716 Index No. 26690/09 M127828

10-25-2011

In the Matter of Nicola DeMarco, appellant, v. New York City Board of Education, et al., respondents.

PETER B. SKELOS

, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, 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 - July 2011 Calendar," dated July 29, 2011, as dismissed an appeal from an order of the Supreme Court, Queens County, dated June 14, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, and to waive the motion filing fee.

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 branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court