| Qp I-xxv, LLC v Lawrence Lame |
| Motion No: 2012-01909 qc |
| Slip Opinion No: 2013 NY Slip Op 85694(U) |
| Decided on September 13, 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| QP I-XXV, LLC, Respondent, v Lawrence Lame, Appellant, and Laurie Lame, Tenant. |
On the court's own motion, so much of this court's decision and order on motion dated September 24, 2012 as, upon dismissing an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 30, 2012, stated that "the appeal from the order dated June 30, 2012 is dismissed on the ground that the right of direct appeal from the order terminated with the entry of a default final judgment on July 24, 2012 (see Matter of Aho, 39 NY2d 241, 248 [1976])" is recalled and vacated and a provision substituted therefor stating that "the appeal from the order dated June 30, 2012 is dismissed as academic, as a final judgment was awarded to respondent on July 24, 2012 based on appellant's default (see Livny v Rotella, 305 AD2d 277 [2003])."
ENTER:
Paul Kenny
Chief Clerk