| Zelouf International Corp. v Rivercity, LLC |
| Motion No: 2012-09182 |
| Slip Opinion No: 2013 NY Slip Op 63331(U) |
| Decided on February 1, 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
M150700
E/nl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-09182 Zelouf International Corp., appellant, v Rivercity, LLC, et al., respondents. (Index No. 18790/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered July 12, 2012, to vacate a decision and order on motion of this Court dated January 9, 2013, which referred to the Supreme Court, Queens County, to hear and report, the unopposed motion by the respondents Rivercity, LLC, Efstathios Valiotis, and Top Cove Associates Inc., to disqualify Joseph D. Nohavicka and Mavromihalis Pardalis & Nohavicka from representing it on the appeal, for leave to file opposition to the motion, and to deny the motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated January 9, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor, and the motion is otherwise denied:
Motion by the respondents Rivercity, LLC, Efstathios Valiotis, and Top Cove Associates Inc., to disqualify Joseph D. Nohavicka and Mavromihalis Pardalis & Nohavicka from representing the appellant on an appeal from an order of the Supreme Court, Queens County, entered July 12, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on whether Joseph D. Nohavicka and Mavromihalis Pardalis & Nohavicka should be disqualified from representing the appellant on the appeal and the motion is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.
BALKIN, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court