Areson v Arzillo
Motion No: 2011-02605
Slip Opinion No: 2012 NY Slip Op 71549(U)
Decided on April 27, 2012
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

M136880

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-02605, 2012-02528

David C. Areson, et al., respondents,

v William Arzillo, et al., appellants.

(Index No. 07-7687)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate a decision and order on motion of this Court dated August 4, 2011, which, inter alia, dismissed an appeal from an order of the Supreme Court, Orange County, dated January 4, 2011, to reinstate the appeal, and to consolidate the appeal with an appeal from an order of the same court dated January 3, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion dated August 4, 2011, is denied; and it is further,

ORDERED that the motion is otherwise denied as accdemic.

DILLON, J.P., BELEN, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court