| Novia v Rubenstein |
| Motion No: 2013-10658 |
| Slip Opinion No: 2014 NY Slip Op 80222(U) |
| Decided on August 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
M178353
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2013-10658 Linda Novia, respondent, v Joshua Rubenstein, et al., appellants. (Index No. 49473/09)
| DECISION & ORDER ON MOTION |
Motion by Denise Rubenstein, as purported temporary administrator for the estate of Joshua Rubenstein, and Denise Rubenstein, individually, to recall and vacate so much of a decision and order on motion of this Court dated June 5, 2014, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated October 15, 2013, and to stay the trial in the above-entitled action pending hearing and determination of the appeal.
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 motion is denied.
RIVERA, J.P., BALKIN, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court