Larsen v Loychusuk
Motion No: 2007-07217
Slip Opinion No: 2008 NYSlipOp 70907(U)
Decided on May 2, 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

M69846

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2007-07217

Catherine Larsen, et al., respondents,

v Kitti Loychusuk, et al., appellants, et al.,

defendants.

(Index No. 5846/01)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2007.

On the court's own motion, it is

ORDERED that so much of the decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2008 Calendar," dated March 4, 2008, as dismissed this appeal is recalled and vacated; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs and disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2007-11563, which was perfected on December 21, 2007.

PRUDENTI, P.J., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court