| Cashel v Cashel; Cashel v Cashel; Mortgage Electronic Re |
| Motion No: 2011-02463 |
| Slip Opinion No: 2012 NY Slip Op 77091(U) |
| Decided on June 25, 2012 |
| 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
M139703
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-02463 Thomas Cashel, plaintiff-respondent, v Francine Cashel, defendant. (Action No. 1) Thomas Cashel, plaintiff-respondent, v Francine Cashel, et al., defendants, Fremont Investment & Loan, appellant. (Action No. 2) Mortgage Electronic Registration Systems, Inc., plaintiff, v Francine Parziane Cashel, et al., defendants. (Action No. 3) (Index Nos. 15578-04, 21537-05, 20064-05)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent for leave to reargue stated portions of an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2011, which was determined by decision and order of this Court dated April 3, 2012, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the appellant pursuant to CPLR 5523 to direct 84 Terry Street Corp. to convey title to the subject premises to Francine Cashel or deposit the sum to $250,000 into the Court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the plaintiff-respondent's motion is denied, with $100 costs; and it is further,
ORDERED that the appellant's motion is denied without prejudice to seeking relief in the Supreme Court, Suffolk County.
RIVERA, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court