| Everyday Group, LLC v GW Supermarket of Northern Blv |
| Motion No: 2011-09004 |
| Slip Opinion No: 2012 NY Slip Op 87199(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M144974
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 for leave to reargue their prior motion 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. The appellants' prior motion was determined by decision and order on motion of this Court dated June 26, 2012. Cross motion by the respondent to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion and the cross motion are denied.
ANGIOLILLO, J.P., BELEN, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court