Larchmont Nurseries, Inc. v Daly
Motion No: 2005-02443
Slip Opinion No: 2006 NYSlipOp 62838(U)
Decided on February 9, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35885

A/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-02443

Larchmont Nurseries, Inc., appellant,

v John Daly, respondent.

(Index No. 18645/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered February 22, 2005, inter alia, to impose sanctions and costs upon the respondent and his attorney for frivolous conduct.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court