| Gihon, LLC v 501 Second Street, LLC |
| Motion No: 2006-08762 |
| Slip Opinion No: 2007 NYSlipOp 62324(U) |
| Decided on February 1, 2007 |
| 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
M50274
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
JOSEPH COVELLO, JJ.
|
2006-08762 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated December 5, 2006, which dismissed an appeal from a judgment of the Supreme Court, Kings County, dated November 29, 2004, on the ground that it was untimely taken, and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion of this court and to reinstate the appeal are denied; and it is further;
ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., CRANE, RITTER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court