| Bongiovanni v Eckhardt |
| Motion No: 2015-10101 |
| Slip Opinion No: 2016 NY Slip Op 78710(U) |
| Decided on July 5, 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
M214256
E/afa
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2015-10101 Diane Bongiovanni, appellant, et al., plaintiff, v Margaret Eckhardt, respondent. (Index No. 2743/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this Court dated April 19, 2016, which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2015, on the ground that the order is not appealable as of right and leave to appeal had not been granted, or, in the alternative, for leave to appeal from the order dated September 29, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied without prejudice to appealing from a judgment entered in accordance with CPLR 5011 and 5016.
ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court