| Matter of S&R Development Estates, LLC v Feiner |
| Motion No: 2013-09230 |
| Slip Opinion No: 2014 NY Slip Op 66234(U) |
| Decided on March 12, 2014 |
| 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
M170942
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2013-09230 In the Matter of S & R Development Estates, LLC, respondent, v Paul J. Feiner, etc., et al., appellants. (Index No. 13-1099)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered August 13, 2013, on the ground that this appeal is barred by the doctrines of collateral estoppel and res judicata based on the dismissal of an appeal in a related action entitled Matter of Ross v Town of Greenburgh (Appellate Division Docket No. 2013-00351) which was dismissed for failure to perfect.
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., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court