| Perez v 176 East 116 LLC |
| Motion No: 2023-02018 |
| Slip Opinion No: 2024 NY Slip Op 75822(U) |
| Decided on October 4, 2024 |
| 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
M299758
KS/
FRANCESCA E. CONNOLLY, J.P.
WILLIAM G. FORD
LAURENCE L. LOVE
JAMES P. MCCORMACK, JJ.
|
2023-02018 Roberto Abreu Perez, plaintiff-respondent, v 176 East 116 LLC, defendant third-party plaintiff-appellant, Ariana Contracting, Inc., defendant, Luxury Home Improvement Corp., defendant-respondent; 178 JJH, Inc., third-party defendant-respondent. (Index No. 515104/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated January 5, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and, upon reinstatement, to withdraw 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the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and the appeal is deemed withdrawn.
CONNOLLY, J.P., FORD, LOVE and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court