Appellate Division: Second Judicial Department

M219449

S/afa

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-04156, 2014-10267 D Marie Holdings, Inc., respondent, v City Holdings I.J.J.A., Inc., et al., defendants- appellants, et al., defendants; Edward Nicholas, et al., nonparty-appellants. (Index No. 9808/11)

ECISION & ORDER ON APPLICATION

Appeal by the defendants City Holdings, Inc., and Isaiah Moultrie, and separate appeal by the nonparties Edward Nicholas, Sandra Nicholas, and Eulah Moultrie, from an order of the Supreme Court, Nassau County, dated February 26, 2014, and separate appeal by nonparty Isaiah Moultrie, Sr., from an order of the same court dated August 7, 2014. By decision and order on motion of this Court dated March 24, 2015, the motion by the defendants-appellants to enlarge their time to perfect their appeal from the order dated February 26, 2014, was granted and the cross motion by the respondent to dismiss that appeal and a separate appeal by the nonparty-appellants from the order dated February 26, 2014, on the ground that no appeal lies from an order denying reargument, was held in abeyance and referred to the panel of Justices hearing the appeal from the order dated February 26, 2014, for determination upon the argument or submission thereof. Application by the respondent to withdraw the cross motion.

Upon the stipulation of the parties dated October 4, 2016, it is

ORDERED that the application is granted and the cross motion is deemed withdrawn; and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this court dated March 24, 2015, as referred the cross motion to the panel of Justices hearing the appeal from the order dated February 26, 2014, is recalled and vacated.

LEVENTHAL, J.P., HALL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court