| Eileen Mcauley v Elmcrest Homeowners Assn., Etc. |
| Motion No: 2012-00678 dc |
| Slip Opinion No: 2012 NY Slip Op 84840(U) |
| Decided on September 14, 2012 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| Eileen McAuley, Appellant, v Elmcrest Homeowners Association, etc., Respondent. |
On the court's own motion, it is
ORDERED that this court's decision and order on motion dated September 6, 2012 is recalled and vacated, and the following is substituted therefor:
Motion by respondent to dismiss an appeal from a judgment of the Justice Court of the Village of Fishkill, Dutchess County, entered November 2, 2011, on the ground that respondent was not served with the notice of appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as academic, as by order dated June 13, 2012 the Justice Court, in effect, sua sponte vacated the judgment entered November 2, 2011; and it is further,
ORDERED that respondent's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk