| McMahan v McMahan |
| Motion No: 2012-08840 |
| Slip Opinion No: 2013 NY Slip Op 69860(U) |
| Decided on April 9, 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
M154217
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2012-08840 David Bruce McMahan, respondent, v Elena McMahan, appellant. (Index No. 05-399)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated August 16, 2012, on the ground that the appeal is barred by the doctrine of collateral estoppel and on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court