Blizzard Cooling, Inc. v Park Developers & Builders, Inc.
Motion No: 2013-06819
Slip Opinion No: 2014 NY Slip Op 92669(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M184160

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2013-06819

Blizzard Cooling, Inc., respondent,

v Park Developers & Builders, Inc., appellant,

et al., defendants.

(Index No. 501255/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated June 12, 2013, on the ground that the appellant improperly raises issues concerning an order of the same court dated September 20, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

ENG, P.J., RIVERA, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court