| Kings Park 8809, LLC v Felicia Stanton-spain |
| Motion No: 2014-00869 QC |
| Slip Opinion No: 2016 NY Slip Op 90236(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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Kings Park 8809, LLC, Appellant, v Felicia Stanton-Spain, Respondent. |
Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated October 19, 2015, which determined an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 19, 2013.
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 October 19, 2015 (49 Misc 3d 138[A], 2015 NY Slip Op 51560[U]) are hereby recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2014-869 Q C, decided simultaneously herewith); and it is further,
ORDERED that appellant's motion is denied as academic.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk