| Cullen v Deluca |
| Motion No: 2010-11488 |
| Slip Opinion No: 2011 NY Slip Op 62317(U) |
| Decided on January 26, 2011 |
| 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
M114389
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2010-11488 William Cullen, et al., appellants, v Samuel Deluca, et al., respondents. (Index No. 10-8292)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered October 12, 2010, on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeal from so much of the order entered October 12, 2010, as denied that branch of the underlying motion which was for leave to reargue is dismissed, without costs or disbursements, and the motion to dismiss is otherwise denied.
MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court