George v Yoma Development Group, Inc.
Motion No: 2011-10042
Slip Opinion No: 2012 NY Slip Op 81493(U)
Decided on August 15, 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

M142229

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-10042

Richard George, appellant-respondent,

v Yoma Development Group, Inc., et al.,

defendants, Jennifer E. Lozana Luna,

et al., respondents, Wells Fargo Bank, N.A.,

etc., respondent-appellant.

(Index No. 10730/06)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to recall and vacate so much of a decision and order on motion of this Court dated May 11, 2012, as dismissed his appeal from an order of the Supreme Court, Queens County, dated September 19, 2011, on the ground that it had been rendered academic because the order dated September 19, 2011, was vacated by an order of the same court dated February 7, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

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., ENG, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court