| Timoney v Newmark & Company Real Estate, Inc. |
| Motion No: 2006-00064 |
| Slip Opinion No: 2006 NYSlipOp 74413(U) |
| Decided on August 25, 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
M43758
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2006-00064 Richard J. Timoney, appellant, v Newmark & Company Real Estate, Inc., respondent. (Index No. 10640/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated November 22, 2005, on the ground that it is frivolous and to impose a sanction on the appellant pursuant to 22 NYCRR 130-1.1.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to the respondent raising the issue in its brief.
MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court