| People ex rel. Perez v Ercole |
| Motion No: 2009-07612 |
| Slip Opinion No: 2010 NY Slip Op 70103(U) |
| Decided on April 30, 2010 |
| 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
M102093
S/ct
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2009-07612 The People, etc., ex rel. John Anthony Perez, appellant, v Robert Ercole, etc., respondent.
(Index No. 820/09)
| DECISION & ORDER ON MOTION |
Appeal by John Anthony Perez from a judgment of the Supreme Court, Dutchess County, dated May 4, 2009. On the court's own motion, it is
ORDERED that so much of a decision and order of this court dated April 19, 2010, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2010 Calendar", as dismissed the above-entitled appeal is recalled and vacated; and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2009-05490.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court