2 Jackson St. Corp. v Velocity Auto Ctr., Inc.
Motion No: 2015-01097 WC
Slip Opinion No: 2015 NY Slip Op 91676(U)
Decided on November 18, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANGELA G. IANNACCI, J.P.

ANTHONY MARANO

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2015-1097 W C
2 Jackson Street Corp., Respondent, v Velocity Auto Center, Inc., Appellant.

Motion by respondent on an appeal from a final judgment of the City Court of New Rochelle, Westchester County, entered March 11, 2015, to vacate a decision and order on motion of this court dated September 11, 2015, and to reinstate a decision and order on motion of this court dated July 13, 2015. The decision and order on motion of this court dated July 13, 2015 granted respondent's motion to dismiss the appeal on the ground that no appeal lies from a final judgment entered pursuant to a stipulation. The decision and order on motion of this court dated September 11, 2015, on the court's own motion, recalled and vacated the prior decision and order on motion dated July 13, 2015, upon such vacatur, denied respondent's prior motion to dismiss the appeal, and denied as moot appellant's motion for leave to appeal to the Appellate Division from the decision and order on motion dated July 13, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the decision and order on motion dated September 11, 2015 is recalled and vacated, the decision and order on motion dated July 13, 2015 is reinstated, and appellant's motion for leave to appeal to the Appellate Division from the decision and order on motion dated July 13, 2015 is denied.

A review of the stipulation on the record, a full copy of which has now been provided to this court, reveals that the final judgment was entered pursuant to the stipulation, and thus is not appealable.

ENTER:

Paul Kenny

Chief Clerk