Gapihan v Hemmings
Motion No: 2012-09329
Slip Opinion No: 2014 NY Slip Op 61608(U)
Decided on January 21, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M168400

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-09329

Grace Hemmings Gapihan, respondent-appellant,

v Thomas H. Hemmings, et al., appellants-

respondents, et al., defendants; William C.

Thompson, nonparty-respondent.

(Index No. 39036/05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the appeal in the above-entitled action is transferred to the Appellate Division, Third Department, pursuant to New York Constitution, article VI, § 5(b), for hearing and determination; and it is further,

ORDERED that all further proceedings in connection with this appeal shall be conducted pursuant to the rules of the Appellate Division, Third Department.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court