| Parks v Monteleone |
| Motion No: 2010-11130 |
| Slip Opinion No: 2012 NY Slip Op 90026(U) |
| Decided on November 9, 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
M145766
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2010-11130 Anthony Parks, appellant, v Carmine Monteleone, et al., respondents. (Index No. 09-9817)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered October 15, 2010, which was dismissed by decision and order on motion of this Court dated February 3, 2012, in effect, for leave to reargue a prior motion which sought reargument of a prior motion, inter alia, to vacate the decision and order on motion dated February 3, 2012, to strike the respondents' opposition to his prior motion for reargument, and to reinstate the appeal. The prior motion for reargument was denied by decision and order on motion of this Court dated June 26, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to reinstate the appeal is denied; and it is further,
ORDERED that the branches of the motion which are to strike the respondents' opposition and for leave to reargue are granted, the decision and order on motion of this Court dated June 26, 2012, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to reargue his prior motion, inter alia, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2012 Calendar," dated February 3, 2012, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered October 15, 2010, which was determined by decision and order on motion of this Court dated April 6, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court