Executor of New York Estate of Celia Kates, Philip Barash
Motion No: 2013-07397
Slip Opinion No: 2016 NY Slip Op 65632(U)
Decided on March 1, 2016
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

M207166

E/ct

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2013-07397

Executor of New York Estate of Celia Kates,

et al., appellants, v James G. Pressly, Jr., etc.,

et al., respondents.

(Index No. 9928/10)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, for leave to reargue that branch of the respondents' cross motion which was to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 7, 2013, on the ground that no appeal lies from an order denying reargument, which was determined by decision and order on motion of this Court dated October 14, 2015. Cross motion by the respondents, inter alia, to impose a sanction upon the respondents and for an award of costs and an attorney's fee.

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

ORDERED that the motion and the cross motion are denied.

RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court