37-31 73rd St. Owners Corp. v Paul Gullas
Motion No: 2012-01846 QC
Slip Opinion No: 2014 NY Slip Op 66521(U)
Decided on March 3, 2014
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2012-1846 Q C
37-31 73rd Street Owners Corp., Respondent, v
Paul Gullas, Appellant.

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, entered May 23, 2012, for leave to reargue his prior motion to vacate an order of dismissal dated September 23, 2013, which prior motion was determined by decision and order on motion of this court dated December 3, 2013. Cross motion by respondent to preclude appellant from submitting any further motions under this appeal number without prior leave of court. Separate application by appellant to consolidate this motion with a "Motion to Vacate the Dismissal of Appellate Term Docket No. 2012-1271."

Upon the papers filed in support of the motion, cross motion and application, it is

ORDERED, on the court's own motion, that appellant's motion and respondent's cross motion, and appellant's separate application, are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion and separate application, and respondent's cross motion are denied.

Appellant fails to show that this court overlooked or misapprehended any relevant question of law or fact. It is also noted that there is no motion pending in this court to vacate the dismissal of appeal No. 2012-1271 Q C.

ENTER:

Paul Kenny

Chief Clerk