| Mil-Spec Industries Corp. v Mahmood |
| Motion No: 2006-02611 |
| Slip Opinion No: 2006 NYSlipOp 73449(U) |
| Decided on July 31, 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
M42683
S/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2006-02611 Mil-Spec Industries Corp. respondent, v Tanveer Mahmood, et al., appellants. (Index No. 16825/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this court dated March 29, 2006, which dismissed an appeal by Aimex, LLC, from an order of the Supreme Court, Nassau County, entered February 23, 2006, on the ground that no appeal lies from an order entered upon the default of an appealing party.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied, and the appeal by the defendant Tanveer Mahmood is dismissed, without costs or disbursements, on the ground that the appeal has been rendered academic by a so ordered stipulation of the Supreme Court, Nassau County, dated April 20, 2006.
ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court