| Rodriguez v Muss Development, LLC |
| Motion No: 2014-03656 |
| Slip Opinion No: 2015 NY Slip Op 61594(U) |
| Decided on January 20, 2015 |
| 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
M185914
S/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2014-03656
Noel Rodriguez, respondent, v Muss Development, LLC, et al., defendants third-party plaintiffs- appellants-respondents; Urban Power & Lights, Inc., third-party defendant respondent-appellant. (Index No. 5675/10)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that so much of the decision and order on motion of this Court dated January 5, 2015, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - December 2014 Calendar," as dismissed the above-entitled appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 9, 2014, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 9, 2014. By order on application of this Court dated December 1, 2014, the appellants-respondents' application to withdraw their appeal was granted.
Now, on the Court's own motion, it is
ORDERED that the cross appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules (see 22 NYCRR 670.8[e]), and prior order of this Court.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court