| Adelman v Rackis |
| Motion No: 2005-11927 +1 |
| Slip Opinion No: 2007 NYSlipOp 66420(U) |
| Decided on March 29, 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
M52677
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
ANITA R. FLORIO, JJ.
|
2005-11927, 2007-01855 Robert Adelman, respondent, v Michael C. Rackis, etc., defendant, Linda A. Rackis, appellant. (Index No. 11851/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated July 7, 2005 (Appellate Division Docket No. 2005-11927), which was determined by decision and order of this court dated December 19, 2006, to reinstate that appeal, to consolidate that appeal with an appeal from an order of the same court dated November 30, 2005 (Appellate Division Docket No. 2007-01855), and to stay the trial in the above-entitled action pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated November 30, 2005 (Appellate Division Docket No. 2007-01855), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., RIVERA, SPOLZINO and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court