| Guaman v Tran |
| Motion No: 2006-11128 |
| Slip Opinion No: 2009 NY Slip Op 73951(U) |
| Decided on June 3, 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
M87424
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2006-11128 Urbano A. Guaman, respondent, v Peter Tran, appellant. (Index No. 39893/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate an order on application of this court dated April 16, 2007, which marked as withdrawn an appeal from an order of the Supreme Court, Kings County, dated September 29, 2006, to reinstate the appeal, and to stay all proceedings in the above-entitled action 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 order on application dated April 16, 2007, and to reinstate the appeal are denied without prejudice to renew after the Supreme Court, Kings County, determines the motion for leave to reargue; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings is denied.
SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court