| Odierna v RSK, LLC |
| Motion No: 2016-09372 |
| Slip Opinion No: 2016 NY Slip Op 95438(U) |
| Decided on December 28, 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
M223549
E/sl
L. PRISCILLA HALL, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2016-09372, 2016-09687 John Odierna, etc., appellant, v RSK, LLC, et al., respondents, et al., defendants. (Index No. 603838/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents RSK, LLC, and Jack McNierney for leave to reargue their opposition to that branch of the appellant's motion which was to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 23, 2015, which was determined by decision and order on motion of this Court dated November 15, 2016, and, in effect, to resettle the decision and order on motion of this Court dated November 15, 2016, to reflect that they opposed the appellant's motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to resettle the decision and order on motion of this Court dated November 15, 2016, to reflect that the respondents RSK, LLC, and Jack McNierney opposed the appellant's motion is granted, and the decision and order on motion of this Court dated November 15, 2016, is amended by deleting from the second paragraph thereof the words "no papers having been filed in opposition or in relation thereto" and substituting therefor the words "the papers filed in opposition thereto."
HALL, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court