| Taylor v Wynkoop |
| Motion No: 2014-00108 |
| Slip Opinion No: 2014 NY Slip Op 67998(U) |
| Decided on March 31, 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
M171911
S/ct
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2014-00108, 2014-02712 Kyle Taylor, etc., et al., respondents-appel v Brett E. Wynkoop, et al., appellants-resp (Appeal No. 1) Kyle Taylor, etc., et al., appellants, v Brett E. Wynkoop, et al., respondents. (Appeal No. 2) (Index No. 6548/12)
| DECISION & ORDER ON MOTION lants, ondents. |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 12, 2014, in the above-entitled action is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellants-respondents to dismiss a cross appeal from an order of the Supreme Court, Kings County, dated November 7, 2013, as untimely taken, to dismiss an appeal from an order of the same court dated December 20, 2013, on the ground that the appeal is frivolous, for an award of an attorney's fee, and to impose a sanction upon the defendants. Cross motion by the defendants to impose a sanction upon the appellants-respondents.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied.
ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court