Home Indemnity Co. v. Ruiz

Appellate Division of the Supreme Court of New York

Home Indemnity Co. v. Ruiz

92 A.D.2d 806, 460 N.Y.S.2d 275, 1983 N.Y. App. Div. LEXIS 17188

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1983·Published

Opinion

— Upon the court’s own motion, the order of this court entered on March 8,1983 is vacated. It having come to this court’s attention that respondent’s attorney was aware of the decision upon reargument prior to argument of the appeal and did not notify this court thereof, respondent’s attorney is directed to pay $40 costs of this motion to the [807]*807attorney for the petitioner. Appellant’s appeal is dismissed as academic, without costs. Concur — Kupferman, J. P., Sullivan, Carro, Silverman and Bloom, JJ.

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— Upon the court’s own motion, the order of this court entered on March 8,1983 is vacated. It having come to this court’s attention that respondent’s attorney was aware of the decision upon reargument prior to argument of the appeal and did not notify this court thereof, respondent’s attorney is directed to pay $40 costs of this motion to the [807]*807attorney for the petitioner. Appellant’s appeal is dismissed as academic, without costs. Concur — Kupferman, J. P., Sullivan, Carro, Silverman and Bloom, JJ.

Home Indemnity Co. v. Ruiz, 92 A.D.2d 806, 460 N.Y.S.2d 275, 1983 N.Y. App. Div. LEXIS 17188 (N.Y. Ct. App. 1983).

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