| Tan v Capers |
| Motion No: 2015-02476 |
| Slip Opinion No: 2016 NY Slip Op 63076(U) |
| Decided on February 3, 2016 |
| 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
M205915
S/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2015-02476 Suzanne Tan, plaintiff-respondent, v Jimmie Capers, et al., defendants, Hyundai Lease Titling Trust, appellant, Star Hyundai, LLC, defendant-respondent. (Index No. 5456/13)
| DECISION & ORDER ON MOTION |
Application by the respondent Star Hyundai, LLC, to withdraw its motion, inter alia, to strike stated portions of the appellant's brief an appeal from an order of the Supreme Court, Queens County, entered December 31, 2014. By decision and order on motion of this Court dated December 21, 2015, the branch of the motion which is to strike Point II of the appellant's brief was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the decision and order on motion of this Court dated December 21, 2015, is recalled and vacated; and it is further,
ORDERED that the application is granted and the motion is deemed withdrawn.
RIVERA, J.P., HALL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court