| Dfs of Springfield, Inc. v Frank Dimartino, Et Al. |
| Motion No: 2010-02564 qc |
| Slip Opinion No: 2013 NY Slip Op 79529(U) |
| Decided on June 27, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| DFS of Springfield, Inc., Respondent, v Frank DiMartino, et al., Appellants, et al., Undertenants. |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated December 27, 2011, in the above-entitled case, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by appellants for leave to reargue a decision and order on motion of this court dated July 14, 2011, which dismissed an appeal from an order and final judgment of the Civil Court of the City of New York, Queens County, both entered June 28, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and, upon reargument, the decision and order on motion dated July 14, 2011 is recalled and vacated, the appeal is reinstated and consolidated with appeal no. 2012-614 Q C under that appeal number, and the briefs filed and oral argument had in connection with appeal no. 2012-614 Q C are deemed to have also been filed and had in connection with the appeal from the order and final judgment entered June 28, 2010.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk