| Bank of New York v Segui |
| Motion No: 2008-00373 |
| Slip Opinion No: 2008 NYSlipOp 72563(U) |
| Decided on May 21, 2008 |
| 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
M70833
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2008-00373 Bank of New York, etc., plaintiff-respondent, v Margarita Segui, appellant, et al., defendants; Chaim Streicher, nonparty-respondent. (Index No. 47606/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated December 19, 2007, on the original papers. Cross motion by the plaintiff-respondent to dismiss the appeal on the ground that the order dated December 19, 2007, denied a motion which was, in effect, for reargument.
Upon the papers filed in support of the motion and the cross motion, papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the cross motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court