| Tooker v Schwartzberg |
| Motion No: 2015-11282 |
| Slip Opinion No: 2016 NY Slip Op 66959(U) |
| Decided on March 10, 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. |
Appellate Division: Second Judicial Department
M207796
E/ct
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2015-11282 Marie Guerrera Tooker, appellant, v David A. Schwartzberg, et al., respondents. (Index No. 9463/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents Richard Handler and Ryan McKeon to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 17, 2015, insofar as taken against them on the ground that the appellant did not oppose the motion by the respondents Richard Handler and Ryan McKeon to dismiss the action insofar as asserted against them, which resulted in the order dated August 17, 2015 (see CPLR 5511).
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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., BALKIN, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court