Matter of Amackassin Gardens, Inc v Jerrick Associates, Inc.
Motion No: 2012-09133
Slip Opinion No: 2013 NY Slip Op 74401(U)
Decided on May 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M156665

E/sl

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-09133

In the Matter of Amackassin Gardens, Inc.,

respondent, v Jerrick Associates, Inc.,

appellant.

(Index No. 12-55144)

DECISION & ORDER ON MOTION

Motion by appellant to recall and vacate a decision and order on motion of this Court dated January 10, 2013, which, inter alia, dismissed an appeal from an order of the Supreme Court, Westchester County, dated August 28, 2012, as untimely taken, and to reinstate the appeal.

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

ORDERED that the motion is denied.

ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court