| Skerrett v City of New York |
| Motion No: 2016-04690 |
| Slip Opinion No: 2017 NY Slip Op 67662(U) |
| Decided on March 17, 2017 |
| 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
M227748
E/afa
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2016-04690, 2016-12825 Richard Skerrett, appellant, v City of New York, defendant-respondent; LIC Site B2 Owner, LLC, nonparty-respondent. (Index No. 8446/13)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent on appeals from two orders of the Supreme Court, Queens County, entered June 23, 2015, and June 2, 2016, respectively, to dismiss the appeal from the order entered June 23, 2015, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and for failure to take an appeal from an earlier order of the same court, and to dismiss the appeal from the order entered June 2, 2016, on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered June 2, 2016, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court