| Johnson v Robb |
| Motion No: 2014-05412 |
| Slip Opinion No: 2016 NY Slip Op 77278(U) |
| Decided on June 21, 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
M213616
J/sl
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2014-05412 Valrick Johnson, appellant, v Thomas Robb, etc., et al., respondents. (Index No. 9768/12)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 2, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated April 10, 2014, for failure to timely perfect.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the prior cross motion of the respondent Thomas Robb to dismiss the appeal, which was previously held in abeyance by decision and order on motion of this Court dated October 27, 2014, is denied as academic.
RIVERA, J.P., COHEN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court