| Technical Support Services, Inc. v International Business |
| Motion No: 2008-00063 |
| Slip Opinion No: 2009 NY Slip Op 72868(U) |
| Decided on May 20, 2009 |
| 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
M86884
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2008-00063 Technical Support Services, Inc., appellant, v International Business Machines Corporation, respondent. (Index No. 06-2891)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's motion, inter alia, for clarification of a decision and order of this court dated February 17, 2009, which determined an appeal from an order of the Supreme Court, Westchester County, entered December 7, 2007, on the ground that the motion was not timely made (see CPLR 5513[b]; 22 NYCRR 670.6[a]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's motion is stricken.
RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court