Moscatiello v Wyde True Value Lumber & Supply Corp.
Motion No: 2016-02710
Slip Opinion No: 2018 NY Slip Op 85567(U)
Decided on October 9, 2018
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

M256122

E/mm

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-02710

Nicholas Moscatiello, appellant,

v Wyde True Value Lumber & Supply Corp., et al.,

defendants-respondents, EZ Dock Mid-Atlantic,

also known as Tri-State EZ Dock, Inc., defendant

third-party plaintiff-respondent, et al., defendants;

YMCA of Greater New York, third-party

defendant-respondent.

(Index No. 2365/13)

ORDER ON APPLICATION

Motion on an appeal from an order of the Supreme Court, Orange County, dated January 15, 2016, for determination of the appeal to be rendered nunc pro tunc to the date of oral argument of the appeal.

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 (see ELM Realty v Office of Rent Control, 75 AD2d 592).

RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court