| Vargas v Wolfe |
| Motion No: 2014-10750 |
| Slip Opinion No: 2015 NY Slip Op 69216(U) |
| Decided on April 6, 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
M190164
T/ct
PETER B. SKELOS, J.P.
MARK C. DILLON
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.
|
2014-10750 Jennifer Vargas, etc., appellant, v David Wolfe, etc., et al., defendants, Vincent J. Lanuto, Jr., respondent. (Index No. 23301/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated October 29, 2014, to dismiss the appeal and to vacate a stay granted in a decision an order on motion of this Court dated December 19, 2014, on the ground that the appellant has failed to comply with a condition of the stay.
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 branch of the motion which is to vacate the stay is denied as academic in light of the decision and order on motion of this Court dated March 5, 2015, which vacated the stay granted in the decision and order on motion of this Court dated December 19, 2014; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., DILLON, MILLER and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court