Banat v Cohen
Motion No: 2015-08672
Slip Opinion No: 2017 NY Slip Op 75451(U)
Decided on June 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M231630

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-08672

Catherine Banat, et al., appellants,

v Frank S. Cohen, etc., et al., respondents.

(Index No. 22609/11)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue the separate motions by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 25, 2015, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court on July 30, 2015, in the above-entitled action, which was determined by decision and order on motion of this Court dated March 1, 2017, as amended March 2, 2017.

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

ORDERED that the motion is denied without prejudice to taking an appeal from the judgment in accordance with CPLR 5513(a).

DILLON, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court