| RKO Properties, Ltd. v Boymelgreen |
| Motion No: 2005-00388 +1 |
| Slip Opinion No: 2007 NYSlipOp 62337(U) |
| Decided on February 1, 2007 |
| 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
M50306
E/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
PETER B. SKELOS
WILLIAM E. McCARTHY, JJ.
|
2005-00388, 2005-06681 RKO Properties, Ltd., respondent, v Shaya Boymelgreen, et al., appellants, et al., defendants. (Index No. 29822/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, dated January 27, 2004, and June 8, 2005, respectively, to dismiss the appeal from the order dated January 27, 2004, on the ground that the issues raised on that appeal were resolved on a prior appeal from an order of the same court dated March 2, 2006, which was determined by decision and order dated July 18, 2006 (Appellate Division Docket No. 2006-02055).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., SANTUCCI, SKELOS and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court