New Hope Missionary Baptist Church, Inc. v 466 Lafayette
Motion No: 2013-08948
Slip Opinion No: 2013 NY Slip Op 92745(U)
Decided on November 29, 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

M166065

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-08948

New Hope Missionary Baptist Church, Inc.,

appellant, et al., plaintiff, v 466 Lafayette, Ltd.,

et al., defendants, Raj Mohan, et al., respondents

(and a third-party action).

(Index No. 34774/08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 26, 2013, on the ground that the appellant is raising issues relating to an order of the same court dated February 10, 2011, which is not brought up for review on the appeal from the order and judgment dated July 26, 2013 (see CPLR 5501[a][1]), for an award of costs and to impose a sanction upon the appellant

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., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court