| Shaw v RPA Associates, LLC |
| Motion No: 2009-05257 |
| Slip Opinion No: 2009 NY Slip Op 87659(U) |
| Decided on November 2, 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. |
Appellate Division: Second Judicial Department
M94008
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2009-05257 Fredric P. Shaw, et al., appellants-respondents, v RPA Associates, LLC, et al., respondents- appellants, Patriot Ridge Development, LLC, defendant third-party plaintiff-respondent; Rockbusters, etc., third-party defendant- respondent. (Index No. 06-21503)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the third-party defendant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated April 22, 2009, to dismiss the appeal on the ground that review is precluded by the dismissal of appeals from two orders of the same court dated August 11, 2008, and November 18, 2008, which were dismissed by decision and order on motion of this court dated March 23, 2009. Separate motion by the respondents-appellants and the defendant third-party plaintiff-respondent for the same relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court