| Yu Ling Hu v Zapas |
| Motion No: 2011-09885 |
| Slip Opinion No: 2014 NY Slip Op 67895(U) |
| Decided on March 28, 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. |
Appellate Division: Second Judicial Department
M171841
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
2011-09885, 2012-09545 Yu Ling Hu, et al., appellants, v John Zapas, respondent, et al., defendant (Index No. 6434/08)
| DECISION & ORDER ON MOTION . |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 5, 2014, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the respondent pursuant to CPLR 5015 to vacate a decision and order of this Court dated July 10, 2013, which determined appeals from a decision of the Supreme Court, Queens County, dated September 12, 2011, and a judgment of the same court dated August 10, 2012, for leave to reargue the appeals, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are pursuant to CPLR 5015 to vacate the decision and order of this Court dated July 10, 2013, and for leave to appeal to the Court of Appeals are denied; and it is further,
ORDERED that the branch of the motion which is for leave to reargue is dismissed as the movant did not file a brief on the appeal.
ENG, P.J., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court