| Gerard Owners Corporation v Rico |
| Motion No: 2015-11793 |
| Slip Opinion No: 2017 NY Slip Op 89332(U) |
| Decided on October 17, 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
M239524
E/afa
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2015-11793 Gerard Owners Corporation, respondent, v Jose D. Rico, appellant, et al., defendant. (Index No. 701148/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated June 19, 2017, as dismissed an appeal from an order of the Supreme Court, Queens County, entered October 14, 2015, for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal. Cross motion by the respondent to preclude the appellant from filing further applications or motions in this Court concerning the above-entitled action, without prior leave of this Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion and the cross motion are denied.
HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court