| McGuffog v Slomin's, Inc. |
| Motion No: 2013-04695 |
| Slip Opinion No: 2013 NY Slip Op 76561(U) |
| Decided on June 12, 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
M157850
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2013-04695 Theresa McGuffog, appellant-respondent, v Slomin's, Inc., et al., respondents-appellants. (Index No. 12149/09)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 3, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent-appellant Slomin's, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated March 20, 2013.
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 on the Court's own motion, the notice of appeal and the notices of cross appeals from the order dated March 20, 2013, are deemed to be a notice of appeal and notices of cross appeals, respectively, from an amended order of the Supreme Court, Nassau County, dated May 22, 2013 (see CPLR 5512[a]); and it is further,
ORDERED that the motion is denied.
RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court