| Liriano v Eveready Insurance Company |
| Motion No: 2008-09672 |
| Slip Opinion No: 2009 NY Slip Op 75125(U) |
| Decided on June 12, 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
M88029
S/mv
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
LEONARD B. AUSTIN, JJ.
|
2008-09672, 2008-11587
Ramon Liriano, respondent, v Eveready Insurance Company, appellant. (Index No. 5226/08)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order of this court dated June 9, 2009, which determined appeals from (1) an order of the Supreme Court, Queens County, dated September 29, 2008, and (2) a judgment of the same court entered November 21, 2008, is recalled and vacated; and it is further,
ORDERED that within 10 days from the date of this decision and order on motion the attorney for the defendant-appellant is directed to serve a copy thereof upon the plaintiff-respondent pursuant to CPLR 2103(b)(1) or (2), and (c), and to file proof of such service in the office of the Clerk of this court, within five days thereafter, which service shall constitute notice to the plaintiff-respondent to appoint a new attorney pursuant to CPLR 321(a).
The decision and order dated June 9, 2009, which determined the above-entitled appeals is vacated because the attorney for the plaintiff-respondent was disbarred effective May 19, 2009 (see CPLR 321[a]).
MASTRO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court