Appellate Division: Second Judicial Department

M75921

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2007-09774, 2008-01150 Morris Erbesh, et al., respondents-appellants, v Esther E. Schwartz, et al., appellants-respondents, Diamond Properties, et al., respondents (Appeal No. 1) Morris Erbesh, et al., appellants, v Esther E. Schwartz, et al., respondents. (Appeal No. 2) (Index No. 07-4305) 2006-11712 Morris Erbesh, NNE, Inc., et al., appellants, v Esther E. Schwartz, et al., respondents. (Appeal No. 3) (Index No. 06-11712)

DECISION & ORDER ON MOTION

Motion by Morris Erbesh, NNE, Inc., and Tire Buys, Inc., for leave to reargue their opposition to a motion by Esther Schwartz and Esther Schwartz, as trustee, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated December 14, 2006, which was determined by decision and order dated June 24, 2008. Separate motion by Morris Erbesh, NNE, Inc., and Tire Buys, Inc., for leave to appeal to the Court of Appeals from the decision and order of this court dated June 24, 2008. Cross motion by Esther E. Schwartz, Esther E. Schwartz, as trustee, Diamond Properties, and Jim Diamond for leave to reargue their motion to dismiss appeals from two orders of the Supreme Court, Westchester County, dated July 6, 2007, and January 2, 2008, on the ground that they have been rendered academic, which was determined by decision and order on motion dated June 24, 2008.

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

ORDERED that the motions are denied.

RIVERA, J.P., SANTUCCI, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court