Brazile v Pioneer Cleaning Maintenance Services, Inc.
Motion No: 2012-09082
Slip Opinion No: 2013 NY Slip Op 81286(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M160204

S/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2012-09082, 2013-05096

Brenda Brazile, plaintiff-respondent,

v Pioneer Cleaning Maintenance Services, Inc.,

doing business as Executive Snow Control &

Cleaning Contractors, appellant, CSH North

Hills, LLP, defendant-respondent.

(Appeal No. 1)

Brenda Brazile, appellant-respondent,

v Pioneer Cleaning Maintenance Services, Inc.,

doing business as Executive Snow Control &

Cleaning Contractors, respondent-appellant,

CSH North Hills, LLP, respondent.

(Appeal No. 2)

(Index No. 20898/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated July 17, 2013, in the above-entitled appeal from an order of the Supreme Court, Queens County, dated July 1, 2012, and an appeal and cross appeal from a judgment of the same court entered March 26, 2013, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the Pioneer Cleaning Maintenance Services, Inc., doing business as Executive Snow Control and Cleaning Contractors on an appeal from an order of the Supreme Court, Queens County, dated July 1, 2012, and an appeal and cross appeal from a judgment of the Supreme Court, Queens County, entered March 26, 2013, inter alia, to dismiss the appeal from the judgment on the ground that the arguments raised by the appellant-respondent do "not serve as a proper basis for this appeal," or, in the alternative, to calendar the appeal from the order dated July 1, 2012, immediately.

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 cross appeal from the judgment is dismissed, without costs or disbursements (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539); and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court