| Portnoy v Golger |
| Motion No: 2017-00038 |
| Slip Opinion No: 2017 NY Slip Op 87098(U) |
| Decided on September 26, 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
M238527
E/ct
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2017-00038 Gregory Portnoy, et al., respondents, v Vyacheslav M. Golger, appellant.
(Index No. 16587/06)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated September 20, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 1, 2016, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).
MASTRO, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court