| Farrell Forwarding Company, Inc. v Alison Transport, Inc. |
| Motion No: 2012-10269 |
| Slip Opinion No: 2013 NY Slip Op 65727(U) |
| Decided on February 27, 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
M151909
E/ct
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2012-10269 Farrell Forwarding Company, Inc., appellant, v Alison Transport, Inc., respondent. (Index No. 3328/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 27, 2012, on the ground that the issues raised on the appeal are barred by CPLR 5501(a)(1) and to preclude the appellant from raising certain issues in its brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to preclude the appellant from raising certain issues in its brief is denied without prejudice to addressing any such issues in the respondent's brief.
RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court