| Augustin v Bullen |
| Motion No: 2008-06970 |
| Slip Opinion No: 2008 NYSlipOp 81702(U) |
| Decided on September 4, 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
M75188
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2008-06970
Wisly Augustin, appellant, v Jeannine Bullen, respondent. (Index No. 13261-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated August 19, 2008, which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated June 25, 2008, to reinstate the appeal, and to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion dated August 19, 2008, and to reinstate the appeal are granted; and it is further,
ORDERED that the decision and order on motion of this court dated August 19, 2008, is recalled and vacated and the appeal is reinstated; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, is denied.
FISHER, J.P., BALKIN, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court