| Esperson v Vault |
| Motion No: 2005-10322 |
| Slip Opinion No: 2006 NYSlipOp 63244(U) |
| Decided on February 24, 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. |
Appellate Division: Second Judicial Department
M36298
A/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-10322 Michael Esperson, etc., et al., appellants, v Vault, et al., respondents. (Index No. 31179/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated August 4, 2005, on the ground that the appeal is barred by the doctrine of Bray v Cox (38 NY2d 350), as this appeal raises issues which could have been raised on an appeal from an order of the same court dated May 24, 2004, which was dismissed by decision and order on motion of this court dated May 10, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, without prejudice to raising the issue in the respondents' brief.
CRANE, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court