Opinion
Motion No: 2013-00311 KC
01-23-2014
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant, in effect, to set aside a decision and order on motion of this court dated March 6, 2013, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, dated August 19, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, this court's decision and order on motion dated March 6, 2013 is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from a decision of the Civil Court of the City of New York, Kings County, dated August 19, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from a decision (see CCA 1702).
It is noted that there is a separate appeal pending from the judgment entered pursuant to the decision under appeal No. 2014-80 K C, which appeal shall be added to the general calendar once a properly settled record has been received by this court.
ENTER:
Paul Kenny
Chief Clerk