Everyday Group, LLC v GW Supermarket of Northern Blv
Motion No: 2011-09004
Slip Opinion No: 2012 NY Slip Op 77326(U)
Decided on June 26, 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

M139712

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-09004

Everyday Group, LLC, respondent,

v GW Supermarket of Northern Blvd., Inc.,

et al., appellants.

(Index No. 34162/09)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate a decision and order on motion of this Court dated March 27, 2012, which granted, without opposition, the respondent's motion to dismiss an appeal from an order of the Supreme Court, Queens County, entered July 27, 2011, for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

ANGIOLILLO, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court