Doyle v Hafner
Motion No: 2006-10096
Slip Opinion No: 2006 NYSlipOp 82204(U)
Decided on December 19, 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

M48425

E/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2006-10096

Ryan Doyle, respondent, v Cheryl Hafner,

appellant, et al., defendant.

(Index No. 10154/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated August 2, 2006, inter alia, on the ground that no appeal lies from an order denying a motion for reargument.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order denying a motion for reargument is denied without prejudice to the respondent raising the issue in his brief; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court