| Kamco Supply Corp. v On Right Track, LLC |
| Motion No: 2013-06065 |
| Slip Opinion No: 2013 NY Slip Op 92735(U) |
| Decided on November 29, 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
M166046
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 On Right Track, LLC, and Southeastern Metal, Inc., in effect, to recall and vacate a decision and order on motion of this Court dated September 4, 2013, which dismissed appeals from an order of the Supreme Court, Kings County, dated April 4, 2013, and denied as academic a motion by the third-party defendants-respondents to dismiss the appeals, to reinstate the appeals, and to enlarge the time to perfect the appeals
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion by On Right Track, LLC, and Southeastern Metal, Inc., is granted, the decision and order on motion of this Court dated September 4, 2013, is recalled and vacated, the appeals are reinstated (see CPLR 4404[b]), and the time to perfect the appeals is enlarged until January 31, 2014; and it is further,
ORDERED that the motion by the third-party defendants-respondents to dismiss the appeals is denied.
SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court