| Kashipour v Wilmington Savings Fund Society, FSB |
| Motion No: 2016-01089 |
| Slip Opinion No: 2017 NY Slip Op 73531(U) |
| Decided on May 11, 2017 |
| 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
M231029
S/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2016-01089, 2016-11970 Israel Kashipour, et al., appellants, v Wilmington Savings Fund Society, FSB, etc., respondent. (Index No. 605756/15)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated April 26, 2017, in the above-entitled appeals is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated January 25, 2016, which was determined by decision and order of this Court dated November 23, 2016, and an appeal from an order of the same court dated October 5, 2016, for leave to reargue the appeal from the order dated January 25, 2016, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court dated November 23, 2016, and to consolidate the appeal from the order dated January 25, 2016, with the appeal from the order dated October 5, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
BALKIN, J.P., HALL, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court