| Arciniega v Arciniega |
| Motion No: 2006-06755 |
| Slip Opinion No: 2006 NYSlipOp 79992(U) |
| Decided on November 16, 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
M46727
Y/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-06755 Norma Arciniega, respondent, v Mario Arciniega, appellant. (Index No. 28533-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated June 26, 2006, as a poor person, and cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying a motion for leave to reargue.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, it is
ORDERED that the cross motion is granted to the extent that the appeal from so much of the order as denied the appellant's motion for leave to reargue is dismissed, without costs or disbursements, and the cross motion is otherwise denied; and it is further,
ORDERED that the motion is denied.
GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court