Nationwide Mutual Insurance Company v Rogowski
Motion No: 2008-11568
Slip Opinion No: 2009 NY Slip Op 78700(U)
Decided on July 22, 2009
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

M89794

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-11568, 2009-02617

Nationwide Mutual Insurance Company, respondent,

v Mark Rogowski, et al., defendants, Nancy

Rogoski, etc., et al., appellants.

(Index No. 06-4213)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent on appeals from two orders of the Supreme Court, Orange County, dated September 24, 2008, and January 9, 2009, respectively, to dismiss the appeal from stated portions of the order dated January 9, 2009, on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court