| Belson v Dix Hills Air Conditioning, Inc. |
| Motion No: 2012-10402 |
| Slip Opinion No: 2013 NY Slip Op 64362(U) |
| Decided on February 13, 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. |
Appellate Division: Second Judicial Department
M151293
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2012-10402 Mark Belson, respondent, v Dix Hills Air Conditioning, Inc., et al., appellants. (Index No. 19097/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 23, 2012, on the ground that the "appeal is totally meritless and is being brought solely to delay an imminent trial," to impose a sanction upon the appellants and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to impose sanctions on the appellant and for an award of an attorney's fee 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 motion is otherwise denied.
RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court