| Qp I-xxv, LLC v Lawrence Lame |
| Motion No: 2012-01909 QC |
| Slip Opinion No: 2014 NY Slip Op 85479(U) |
| Decided on September 8, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JAIME A. RIOS, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| QP I-XXV, LLC, Respondent, v Lawrence Lame, Appellant; 98-30 67th Avenue, LLC, Nonparty. |
Motion by appellant, by order to show cause, to amend this court's decision and order dated November 29, 2013, which determined an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 6, 2012. Separate motion by nonparty 98-30 67th Avenue, LLC to be substituted as respondent herein, to substitute Horing, Welikson & Rosen, P.C. as attorneys of record for respondent herein, for an enlargement of time to serve and file papers in partial opposition to appellant's motion, and to modify the stay contained in appellant's order to show cause so as to enable said nonparty to move for substitution in the Civil Court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the branches of the motion by 98-30 67th Avenue, LLC seeking to be substituted as respondent herein, to substitute Horing, Welikson & Rosen, P.C. as attorneys of record for respondent herein and for an enlargement of time to serve and file papers in opposition to appellant's motion are denied; and it is further,
ORDERED that the branch of the motion by 98-30 67th Avenue, LLC seeking to modify the stay contained in the order to show cause is denied as academic; and it is further,
ORDERED that the branch of appellant's motion seeking to amend this court's decision and order dated November 29, 2013 is granted to the extent that the decision and order dated November 29, 2013 (42 Misc 3d 57) are recalled and vacated and a new decision and order substituted therefor (see appeal No. 2012-1909 Q C, decided simultaneously herewith); and it is further,
ORDERED that the branch of appellant's motion seeking leave to appeal to the Appellate Division from the decision and order of this court dated November 29, 2013 is denied as academic.
PESCE and SOLOMON, JJ., concur.
RIOS, J.P., taking no part.
ENTER:
Paul Kenny
Chief Clerk