Appellate Division: Second Judicial Department

M145732

E/sl

RANDALL T. ENG, P.J.

PETER B. SKELOS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-09255 David Shin, respondent, v ITCI, Inc., et al., defendants, Kenny Lee, et al., appellants. (Index No. 24503-09)

DECISION & ORDER ON MOTION

Motion by the appellants to vacate an order on application of this Court dated July 25, 2012, which granted their application to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated August 30, 2011, and, inter alia to hold the appeal in abeyance pending hearing and determination of an appeal from an order of the same court dated July 3, 2012, docketed under Appellate Division Docket No. 2012-07808.

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

ORDERED that the branches of the motion which are to vacate the order on application dated July 25, 2012, and to hold the appeal in abeyance are granted, the order on application of this Court dated July 25, 2012, is vacated, and the appeal from the judgment dated August 30, 2011, is held in abeyance pending hearing and determination of the appeal from the order dated July 3, 2012, docketed under Appellate Division Docket No. 2012-07808; and it is further,

ORDERED that within 60 days after the determination of the appeal from the order dated July 3, 2012, the appellants shall either perfect the appeal from the judgment dated August 30, 2011, or withdraw that appeal; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., SKELOS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court