Decaudin v. Velazquez
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
On the court’s own motion, the notice of appeal is treated as an application for leave to appeal from an order made on the record on December 19, 2005 denying appellant Naida I. Velazquez’ oral motion to vacate the stipulation, final judgment and warrant, and to dismiss the petition as against her (see CPLR 5520 [c]), and leave to appeal is granted (see UJCA 1702 [c]; Seaman v Wyckoff Hgts. Med. Ctr., Inc., 25 AD3d 598 [2006]).
Order of December 19, 2005 reversed without costs and matter remanded for a determination de novo, following a hearing, of appellant’s…
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