Robert B. Mckay d/b/a Carney & Mckay v Theresa Vita
Motion No: 2008-01670 NC
Slip Opinion No: 2009 NY Slip Op 76896(U)
Decided on June 29, 2009
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., TANENBAUM and NICOLAI, JJ.

NO. 2008-1670 NC
ROBERT B. McKAY d/b/a CARNEY & McKAY,

Respondent,

-against-

THERESA VITA,

Appellant.

DECISION

On this court's own motion, the decision and order of this court entered on June 2, 2009 is recalled and vacated and a new decision and order substituted therefor, reflecting that Associate Justice Scheinkman takes no part (see Appeal No. 2008-1670 NC, decided simultaneously herewith.)