| Rossrock Fund II, LLP v Toledo |
| Motion No: 2015-05311 |
| Slip Opinion No: 2015 NY Slip Op 88052(U) |
| Decided on October 19, 2015 |
| 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
M200153
E/ct
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2015-05311 Rossrock Fund II, LLP, respondent, v Carlos Luis Toledo, et al., defendants, Claudette Boothe, appellant. (Index No. 44329/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 9, 2015, on the ground that no appeal lies from an order denying reargument. Motion by the appellant to adjourn the return date of the respondent's motion to allow her time to file opposition. Separate motion by the appellant to substitute new counsel.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion to adjourn the return date of the respondent's motion is denied; and it is further,
ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the appellant's motion to substitute new counsel is denied as academic.
RIVERA, J.P., BALKIN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court