| Board of Directors of Squire Green at Pawling Homeowne |
| Motion No: 2010-07056 |
| Slip Opinion No: 2011 NY Slip Op 70047(U) |
| Decided on April 14, 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
M118632
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2010-07056, 2010-08906 Board of Directors of Squire Green at Pawling Homeowners Association, Inc., respondent, v Barry G. Bell, appellant. (Index No. 728/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Dutchess County, entered June 8, 2010, and an order of the same court dated July 27, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent to dismiss the appeals for failure to timely perfect and to dismiss the appeal from the order dated July 27, 2010, on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated July 27, 2010, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the cross motion is otherwise denied.
RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court