| Flora Kadziela v Leonarda Dina Lucchese |
| Motion No: 2008-00551 RIC |
| Slip Opinion No: 2008 NYSlipOp 76593(U) |
| Decided on June 30, 2008 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| FLORA KADZIELA, Appellant, -against- LEONARDA DINA LUCCHESE, Respondent. |
DECISION
On the court's own motion, the order and decision dated April 10, 2008 are recalled and vacated and the following substituted therefor:
On the court's own motion, appeal is dismissed.
Subsequent to the issuance of the May 31, 2007 order sought to be appealed, the parties consented to arbitration, and the matter culminated in a judgment pursuant to the arbitrator's award. Thus, no appeal now lies from the order dated May 31, 2007.