| Matter of Country Fair Leasing, LLC v West Rac Contracting Corp. |
| Motion No: 2017-02576 |
| Slip Opinion No: 2017 NY Slip Op 87628(U) |
| Decided on October 2, 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
M237709
E/sl
MARK C. DILLON, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2017-02576, 2017-02577 In the Matter of Country Fair Leasing, LLC, petitioner-appellant, v West Rac Contracting Corp., respondent-respondent, et al., respondent. (Index No. 602674/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent-respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered October 12, 2016, and February 28, 2017, respectively, on the ground that the appellant forfeited its right to appeal from the orders by participating in a subsequent 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 appeals for determination upon the argument or submission thereof.
DILLON, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court