| Stuckey v Lutheran Care Foundation Network, Inc. |
| Motion No: 2014-03983 |
| Slip Opinion No: 2016 NY Slip Op 73925(U) |
| Decided on May 19, 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
M211864
S/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2014-03983, 2014-07413 Ronald B. Stuckey, et al., respondents, v Lutheran Care Foundation Network, Inc., et al., appellants. (Index No. 1239/12)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated April 20, 2016, issued under Appellate Division Docket No. 2014-07413, is recalled and vacated and the following decision and order on motion is substituted therefor:
Appeals by the defendants from an order of the Supreme Court, Dutchess County, dated February 28, 2014, and a judgment of the same Court dated May 29, 2014.
On the Court's own motion, it is
ORDERED that so much of a decision and order on motion of this Court dated June 10, 2015, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - May 2015 Calendar," as dismissed the appeal from the judgment dated May 29, 2014, is recalled and vacated and that appeal is reinstated; and it is further,
ORDERED that the record and briefs filed in connection with the appeal from the order dated February 28, 2014, are deemed to also be the record and briefs on the appeal from the judgment.
BALKIN, J.P., DICKERSON, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court