| Pa Austin, LLC v Bushwick De Sales & Michael Raso |
| Motion No: 2012-02124 qc |
| Slip Opinion No: 2013 NY Slip Op 91819(U) |
| Decided on October 31, 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
| PA Austin, LLC, Respondent, v Bushwick De Sales and Michael Raso, Appellants, et al., Defendants. |
Motion by respondent on an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered June 25, 2012, for leave to reargue its prior motion to dismiss the appeal as academic, which was determined by decision and order on motion of this court dated July 30, 2013, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order on motion dated July 30, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking reargument is granted, the branch of the motion seeking leave to appeal to the Appellate Division is denied as academic, and, upon reargument, the decision and order on motion of this court dated July 30, 2013 is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by respondent to dismiss as academic an appeal from an order of the Civil Court of the City of New York, Queens County, dated June 20, 2012.
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 the appeal is dismissed, as the moving papers and the documentary evidence submitted therewith establish that the action was settled and discontinued.
ENTER:
Paul Kenny
Chief Clerk