Yoon Sik Moon v Angel Lopez & Rene A. Lopez
Motion No: 2013-01172 QC
Slip Opinion No: 2014 NY Slip Op 76032(U)
Decided on June 12, 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.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-1172 Q C
Yoon Sik Moon, Respondent, v Angel Lopez and
Rene A. Lopez, Appellants.

Motion by appellants, in effect, to vacate a decision and order on motion of this court dated April 10, 2014, which dismissed as untimely an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 4, 2013, upon such vacatur, for reversal of the order appealed from, and for other relief.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of appellants' motion seeking, in effect, to vacate this court's decision and order on motion dated April 10, 2014 is granted, and the parties are directed to resubmit an original and five copies of their respective briefs within 21 days of the date of this decision and order on motion; and it is further,

ORDERED that the branch of appellants' motion seeking reversal of the order appealed from is denied without prejudice to appellants seeking that relief upon the appeal; and it is further,

ORDERED that the remainder of appellants' motion is denied.

ENTER:

Paul Kenny

Chief Clerk