| Michael Zafran v Michael S. Hertzberg |
| Motion No: 2014-00962 QC |
| Slip Opinion No: 2016 NY Slip Op 90235(U) |
| Decided on November 1, 2016 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Michael Zafran, Appellant, v Michael S. Hertzberg, Respondent. |
Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated July 13, 2015, which determined an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 8, 2014 (48 Misc 3d 133[A], 2015 NY Slip Op 51074[U]).
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the decision and order of this court dated July 13, 2015 are recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2014-962 Q C, decided simultaneously herewith); and it is further,
ORDERED that appellant's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk