Kings Park 8809, LLC v. Stanton-Spain

Full title: Kings Park 8809, LLC, Appellant, v. Felicia Stanton-Spain, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 1, 2016

2016 N.Y. Slip Op. 90236 (N.Y. App. Term 2016)

Opinion

Motion No: 2014-00869 QC

11-01-2016

Kings Park 8809, LLC, Appellant, v. Felicia Stanton-Spain, Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated October 19, 2015, which determined an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 19, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the decision and order of this court dated October 19, 2015 (49 Misc 3d 138[A], 2015 NY Slip Op 51560[U]) are hereby recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2014-869 Q C, decided simultaneously herewith); and it is further,

ORDERED that appellant's motion is denied as academic.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk