| Matter of Palace Foods, LLC v Fiber Gourmet, Inc. |
| Motion No: 2015-03724 |
| Slip Opinion No: 2016 NY Slip Op 78429(U) |
| Decided on June 30, 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
M214078
E/ct
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2015-03724 In the Matter of Palace Foods, LLC, et al., appellants, v Fiber Gourmet, Inc., respondent. (Index No. 502867/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 25, 2015, on the ground that the appellants forfeited their right to appeal by participating in the subject arbitration proceeding between the parties.
Upon the papers filed in support of the motion and the papers filed in opposition 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.
ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court