Spano v AM Sutton Architect, P.C.
Motion No: 2013-11439
Slip Opinion No: 2014 NY Slip Op 86399(U)
Decided on October 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M180959

T/sl

PETER B. SKELOS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2013-11439

Michael Spano, et al., respondents,

v Am Sutton, Architect, P.C., et al.,

defendants, Long Island Mill Work, Inc.,

appellant.

(Index No. 5308/12)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - June 2014 Calendar," dated June 27, 2014, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated August 27, 2013, and to withdraw that appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that so much of the decision and order on motion of this Court dated June 27, 2014, as dismissed the above-captioned appeal is recalled and vacated; and it is further,

ORDERED that the appeal is deemed withdrawn, without costs or disbursements.

SKELOS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court