Rad and D'Aprile Inc. v Arnell Construction Corp.
Motion No: 2015-05514
Slip Opinion No: 2017 NY Slip Op 82120(U)
Decided on August 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M235770

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-05514

Rad and D'Aprile Inc., appellant,

v Arnell Construction Corp., respondent.

(Index No. 502464/14)

DECISION & ORDER ON MOTION

Appeal by Rad and D'Aprile Inc., from an order of the Supreme Court, Kings County, dated June 5, 2015.

On the Court's own motion, it is

ORDERED that so much of a decision and order on motion of this Court, entitled "in the Matter of the Dismissal of Causes for Failure to Perfect" dated September 19, 2016, as dismissed the appeal under this Appellate Division Docket No. pursuant to 22 NYCRR 670.8(e) for failure to timely perfect is recalled and vacated.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court