| Bichotte v Dunner |
| Motion No: 2015-00775 |
| Slip Opinion No: 2015 NY Slip Op 89846(U) |
| Decided on November 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
M201181
E/ct
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2015-00775, 2015-00778 Marcelle B. Bichotte, respondent, v Ricardo O. Dunner, appellant. (Index No. 54403/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an interlocutory judgment of the Supreme Court, Kings County, dated August 21, 2014, and an order of the same court dated December 16, 2014, for leave to renew the respondent's prior cross motion to dismiss the appeal from the interlocutory judgment as untimely taken, which was granted by a decision and order on motion of this Court dated September 21, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted to the extent that the decision and order on motion of this Court dated September 21, 2015, is amended by deleting from the second paragraph thereof the words "no papers having been filed in opposition or in relation" and substituting therefor the words "the cross motion, and the papers filed in opposition," and the appellant's motion is otherwise denied.
MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court