| Katanova v Eastern Metalworks, Inc. |
| Motion No: 2007-07807 |
| Slip Opinion No: 2008 NYSlipOp 74964(U) |
| Decided on June 13, 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. |
Appellate Division: Second Judicial Department
M71870
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-07807 Rita Katanova, appellant, v Eastern Metalworks, Inc., et al., respondents. (Index No. 18852/99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 15, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 16, 2007, on the ground that no appeal lies from an order denying a motion for leave to reargue.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order was superseded by a judgment of the same court entered November 5, 2007 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court