Gwinn v Waldbaum, Inc.
Motion No: 2010-05401
Slip Opinion No: 2011 NY Slip Op 64521(U)
Decided on February 17, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M115734

J/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-05401

Teresa Gwinn, et al., plaintiffs-respondents,

v Waldbaum, Inc., etc., et al., appellants,

Clean Lot Maintenance, et al., defendants-

respondents.

(Index No. 7891/05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that so much of its decision and order on motion entitled "In the Matter of Dismissal of Causes for Failure to Perfect - February 2011 Calendar," dated February 15, 2011, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2010, is recalled and vacated.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court