Foksinski v. Lord - Vaccaro Constr. Inc.

Full title: Wieslaw Foksinski, plaintiff, v. Lord - Vaccaro Construction, Inc.…

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

Date published: Sep 6, 2011

Motion No: 2008-08275 (N.Y. App. Div. Sep. 6, 2011)

Opinion

Motion No: 2008-08275 Index No. 23189/05 M125151

09-06-2011

Wieslaw Foksinski, plaintiff, v. Lord - Vaccaro Construction, Inc., defendant, Donald Marcus, et al., defendants third-party plaintiffs-respondents; Ryan & Vaccaro Architects, et al., third-party defendants-appellants, et al., third-party defendants.

PETER B. SKELOS

, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Renewed motion by the third-party defendants-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 - May 2009 Calendar," dated May 26, 2009, as dismissed an appeal from an order of the Supreme Court, Kings County, dated August 5, 2008, 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 for an award of legal fees and costs.

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

ORDERED that the motion is denied.

SKELOS, J.P., ENG, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court