Vets S., Inc. v Mitchell Levine

Vets S., Inc. v Mitchell Levine

Motion No: 2008-01139 SC

Slip Opinion No: 2008 NYSlipOp 83227(U)

Decided on September 11, 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.

NO. 2008-1139 S C

VETS SOUTH, INC.,

Respondent,

-against-

MITCHELL LEVINE,

Appellant,

-and-

TRI STAR SALES AND MARKETING, INC.

Defendant.

DECISION

Motion by appellant Mitchell Levine for leave to reargue order of this court dated July 29, 2008 and, upon reargument, to reinstate the appeal granted, order dated July 29, 2008 vacated and appeal reinstated. Appellant shall perfect the appeal by November 7, 2008.

Appellant correctly contends that the appeal from the default judgment entered April 23, 2008 brings up for review the order dated September 8, 2006 and is appealable with respect to the issues raised by said order, which determined a contested motion (see James v Powell, 19 NY2d 249, 256 n 3 [1967]).