Nash v Yablon
Motion No: 2008-01464
Slip Opinion No: 2008 NYSlipOp 67431(U)
Decided on March 25, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67518

S/sl

ROBERT A. SPOLZINO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-01464

Howard Nash, respondent,

v Elizabeth Yablon, appellant.

(Index No. 44784/03)

DECISION & ORDER ON MOTION

Appeal by Elizabeth Yablon from an order of the Supreme Court, Kings County, dated January 24, 2008. The above-entitled appeal is a duplicate of an appeal filed under Appellate Division Docket Number 2008-00789.

Now, on the court's own motion, it is

ORDERED that the scheduling order of this court dated February 27, 2008, is recalled and vacated, and the scheduling order will be issued under Appellate Division Docket Number 2008-00789; and it is further,

ORDERED that the appeal pending under Appellate Division Docket No. 2007-01464 is dismissed, without costs or disbursements, as a duplicate of the appeal pending under Appellate Division Docket No. 2008-00789.

SPOLZINO, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court