| A Stone Constr. Corp. v fortune/newday, Inc. Et Al., Tenants; Christopher Scott Decker, Pat Wehl & Jake Gutierrez |
| Motion No: 2013-00270 qc |
| Slip Opinion No: 2013 NY Slip Op 91782(U) |
| Decided on October 24, 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
MARTIN M. SOLOMON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| A Stone Construction Corp., Respondent, v Fortune/Newday, Inc. et al., Tenants; Christopher Scott Decker, Pat Wehl and Jake Gutierrez, Appellants. |
On the court's own motion, it is
ORDERED that the order of the this court dated June 17, 2013, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered January 2, 2013, is recalled and vacated, and the appeal shall proceed under Appeal No. 2013-96 Q C.
This appeal was inadvertently assigned two different appeal numbers and was erroneously dismissed under the above-listed appeal number for failure to prosecute. The appeal shall proceed under Appeal No. 2013-96 Q C.
ENTER:
Paul Kenny
Chief Clerk