| Robert Ellison v Michael D. Horn |
| Motion No: 2024-00604 QC |
| Slip Opinion No: 2025 NY Slip Op 82416(U) |
| Decided on December 8, 2025 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Robert Ellison, Appellant, v Michael D. Horn, Respondent. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 7, 2023 and from an order of that Court dated April 19, 2024, to vacate an order of this court dated July 7, 2025 or, in the alternative, for leave to reargue this court's order or for leave to appeal to the Appellate Division from this court's order or, in the alternative, "[r]equesting a default judgment and Restore the appeal back to the calendar."
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
The order dated July 7, 2025 denied this court's own motion that directed the parties to show cause why these appeals should not be stricken from the court's appeal calendar. This appeal has never been stricken from the appeal calendar.
ENTER:
Jennifer Chan
Acting Chief Clerk