Paul-Austin v McPherson
Motion No: 2012-09081
Slip Opinion No: 2013 NY Slip Op 60949(U)
Decided on January 10, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M148873

E/ct

RANDALL T. ENG, P.J.

DANIEL D. ANGIOLILLO

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-09081

Pastorida Paul-Austin, appellant,

v Linnette McPherson, et al., respondents.

(Index No. 16179/09)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 11, 2011, on the ground that a decision and order of this Court dated January 31, 2012, which determined an appeal from an order of the same court dated June 17, 2011, precludes review of any issues relating to the order dated October 11, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court