| Kamco Supply Corp. v On Right Track, LLC |
| Motion No: 2013-06065 |
| Slip Opinion No: 2013 NY Slip Op 84182(U) |
| Decided on September 4, 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
M161688
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2013-06065 Kamco Supply Corp., plaintiff-respondent, v On Right Track, LLC, defendant third-party plaintiff-appellant; Southeastern Metal, Inc., defendant third-party plaintiff-appellant; Kamco Supply Corp. of Boston, et al., third-party defendants-respondents, et al., third-party defendant. (Index No. 34030/06)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendants-respondents to dismiss appeals from an order of the Supreme Court, Kings County, dated April 4, 2013, "on the ground that no appeal lies from a decision and [the] time to appeal from the judgment [entered upon the decision] has expired."
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 appeals are dismissed, without costs or disbursements, on the ground that no appeal lies from an order which determines a motion to vacate a decision (see Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court