T. Mina Supply, Inc. v Clemente Bros. Contracting Corp.
Motion No: 2018-12592
Slip Opinion No: 2019 NY Slip Op 75741(U)
Decided on July 19, 2019
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

M264662

F/mm

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2018-12592

T. Mina Supply, Inc., appellant, et al., plaintiffs,

v Clemente Bros. Contracting Corp., et al., defendant

International Fidelity Insurance Company, responden

(and a third-party action).

(Index No. 23125/11)

DECISION & ORDER ON MOTION


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On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 27, 2019, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant, in effect, to deem the supplemental brief filed with this Court on April 12, 2019, to be a replacement brief on an appeal from a judgment of the Supreme Court, Queens County, dated August 2, 2018.

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.

CHAMBERS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court