| Milad v 50 East 96 Street, LLC |
| Motion No: 2015-08567 |
| Slip Opinion No: 2016 NY Slip Op 83461(U) |
| Decided on August 24, 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
M217061
J/afa
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2015-08567 Ziad Milad, appellant, v 50 East 96 Street, LLC, respondent. (Index No. 2869/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated February 8, 2016, which, inter alia, granted, without opposition, the respondent's motion to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated March 21, 2014, on the ground that the appeal was untimely taken, to consider the appellant's opposition papers, to deny the respondent's motion, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted to the extent that upon considering the appellant's papers in opposition to the respondent's motion to dismiss the appeal, the Court adheres to its original determination and the appellant's motion is otherwise denied.
BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court