| Nigro v Nigro |
| Motion No: 2006-07678 |
| Slip Opinion No: 2007 NYSlipOp 75631(U) |
| Decided on August 13, 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
M58532
S/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-07678, 2006-10903 George W. Nigro, respondent, v Albert A. Nigro, appellant. (Index No. 006955/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, dated July 13, 2006 (Appellate Division Docket No. 2006-07678), and a judgment of the same court dated October 2, 2006 (Appellate Division Docket No. 2006-10903), to (1) recall and vacate so much of a decision and order on motion of this court dated April 2, 2007, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - March 2007 Calendar," to reinstate the appeal, and to consolidate the appeal with the appeal from the judgment dated October 2, 2006, and (2) stay enforcement of the judgment and (3) for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to recall and vacate the dismissal of the appeal from the order dated July 13, 2006, to reinstate that appeal, and to consolidate that appeal with the appeal from the judgment, is granted to the extent that so much of the decision and order on motion dated April 2, 2007, as dismissed the appeal from the order dated July 13, 2006, for failure to perfect, is recalled and vacated, and the appeal from the order dated July 13, 2006, is dismissed, without costs or disbursements, on the ground that the order was superseded by the judgment (see Matter of Aho, 39 NY2d 241, 248), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal from the judgment is granted and that appeal shall be calendared expeditiously; and it is further,
ORDERED that the branch of the motion which is for a stay is denied.
PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court