Hickey v New York Central Mutual Fire Insurance Company
Motion No: 2017-01422
Slip Opinion No: 2017 NY Slip Op 83554(U)
Decided on August 22, 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

M236466

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-01422

Terrence G. Hickey, appellant, v New York

Central Mutual Fire Insurance Company,

respondent.

(Index No. 2497/15)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 11, 2017, on the ground that no appeal lies from an order denying reargument. Separate motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the respondent's motion is otherwise denied as academic; and it is further,

ORDERED that the appellant's motion is denied as academic.

LEVENTHAL, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court