Ayala v. Jasons Towing, Inc.

Full title: Alberto Ayala, respondent, v. Jasons Towing, Inc., et al., appellants.

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

Date published: Jan 28, 2013

2013 N.Y. Slip Op. 62743 (N.Y. App. Div. 2013)

Opinion

2012-11135 Index No. 003353/11 M150312

01-28-2013

Alberto Ayala, respondent, v. Jasons Towing, Inc., et al., appellants.

RUTH C. BALKIN

, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Nassau County, dated August 30, 2012, which was marked withdrawn by order on application dated January 10, 2013. By order to show cause dated December 28, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order denying reargument.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied as academic in light of the order on application dated January 10, 2013.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court