| Marin v Patel |
| Motion No: 2005-08092 |
| Slip Opinion No: 2006 NYSlipOp 64678(U) |
| Decided on March 7, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M36733
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-08092 Ramon Marin, appellant, v Bharatkumar K. Patel, et al., respondents. (Index No. 18803/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 9, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondents Bharatkumar K. Patel and Nirmel Singh and separate motion by the respondent Richard Jenkins to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 15, 2003, on the ground that the appeal was not timely taken.
Cross motion by the appellant to deem the appeal timely taken.
Upon the papers filed in support of the motions and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied as academic as the appeal has been withdrawn.
MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court