| Ayala v Jasons Towing, Inc. |
| Motion No: 2012-11135 |
| Slip Opinion No: 2013 NY Slip Op 62743(U) |
| Decided on January 28, 2013 |
| 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
M150312
E/nl
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-11135
Alberto Ayala, respondent, v Jasons Towing, Inc., et al., appellants. (Index No. 003353/11)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order of the Supreme Court, Nassau County, dated August 30, 2012, which was marked withdrawn by order on application dated January 10, 2013. By order to show cause dated December 28, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order denying reargument.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied as academic in light of the order on application dated January 10, 2013.
BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court