| Man Choi Chiu v Chiu |
| Motion No: 2008-04694 |
| Slip Opinion No: 2008 NYSlipOp 90127(U) |
| Decided on November 25, 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
M78966
S/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2008-04694 Man Choi Chiu, et al., appellants, v Winston Chiu, respondent. (Index No. 21905/07)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 1, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County dated March 11, 2008, to deem an order of the Supreme Court, Queens County, dated March 31, 2008, to be attached to the notice of appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as there is a separate appeal pending for the order dated March 31, 2008, in an action entitled Winston Chiu v Man Choi Chiu, under Queens County Index No. 25275/07, under Appellate Division Docket No. 2008-10602.
RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court