Moran Enterprises, Inc. v Hurst
Motion No: 2014-00311
Slip Opinion No: 2014 NY Slip Op 94692(U)
Decided on April 9, 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

M190399

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-00311

Moran Enterprises, Inc., appellant,

v Margaret Hurst, et al., respondents.

(Index No. 4634/07)

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 the Dismissal of Causes for Failure to Perfect - August 2014," dated September 11, 2014, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated September 25, 2013, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and for leave to withdraw the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated September 11, 2014, as dismissed the appeal is recalled and vacated, and the appeal is deemed withdrawn, without costs or disbursements.

DILLON, J.P., LEVENTHAL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court