| Cadman Towers, Inc. v Dana Kaplan & Zachary Davidson |
| Motion No: 2015-00541 KC |
| Slip Opinion No: 2015 NY Slip Op 77962(U) |
| Decided on June 26, 2015 |
| 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
MICHAEL L. PESCE, P.J.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Cadman Towers, Inc., Respondent, v Dana Kaplan and Zachary Davidson, Appellants, et al., Undertenants. |
Motion by appellants to recall and vacate a decision and order on motion of this court dated April 1, 2015, which dismissed as untimely an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 16, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and this court's decision and order on motion dated April 1, 2015 is vacated; and it is further,
ORDERED, on the court's own motion, that this appeal is consolidated with appeal No. 2015-467 K C under that appeal number and the consolidated appeal shall be perfected on or before September 3, 2015; and it is further,
ORDERED that in the event that the consolidated appeal is not perfected on or before September 3, 2015, the court, on its own motion, may dismiss the appeal or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk