| Distinctive Ventures, LLC v Cooper Advisory Services, In |
| Motion No: 2011-03209 |
| Slip Opinion No: 2011 NY Slip Op 77925(U) |
| Decided on July 8, 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
M122774
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-03209 Distinctive Ventures, LLC, appellant, v Cooper Advisory Services, Inc., defendant, Gary Cooper, respondent. (Index No. 11601/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered August 18, 2010, on the grounds that it was untimely taken, that no appeal lies from an order denying reargument, and that it has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal on the ground that no appeal lies from an order denying reargument, and on the ground that the appeal has been rendered academic, are 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 branch of the motion which is to dismiss the appeal as untimely taken is denied.
SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court