| DeLuca v Bodner |
| Motion No: 2015-03449 |
| Slip Opinion No: 2015 NY Slip Op 89994(U) |
| Decided on November 9, 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
M201316
E/ct
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2015-03449 Tina DeLuca, appellant, v Francis Bodner, defendant, John Bender, respondent. (Index No. 33394/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated September 4, 2015, which dismissed an appeal from an order of the Supreme Court, Rockland County, dated February 24, 2015, on the ground that the order was not appealable as of right and leave to appeal had not been granted.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion of this Court dated September 4, 2015, is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court