| Matter of Merolla v Garguilo |
| Motion No: 2017-06475 |
| Slip Opinion No: 2017 NY Slip Op 91633(U) |
| Decided on November 6, 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
M240557
E/afa
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2017-06475 In the Matter of Angelo Todd Merolla, petitioner, v Jerry Garguilo, etc., et al., respondents; Michael J. Meyer, individually, and on behalf of 148 South Emerson Associates, LLC, intervenor-respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner to stay a hearing in an action entitled Meyer v 148 South Emerson Associates, pending in the Supreme Court, Suffolk County, under Index No. 68379/14, pending hearing and determination of the above-entitled proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition. Separate motion by Michael J. Meyer, individually, and on behalf of 148 South Emerson Associates, LLC, for leave to intervene as a respondent in the proceeding, and to dismiss the proceeding pursuant to CPLR 217(1), 3211(a)(10), 7801(1), and 7804(i).
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the petitioner's motion is denied; and it is further,
ORDERED that the branch of the motion by Michael J. Meyer, individually, and on behalf of 148 South Emerson Associates, LLC, which is for leave to intervene is granted, Michael J. Meyer, individually, and on behalf of 148 South Emerson Associates, LLC, is granted leave to intervene as a respondent in the proceeding, the caption is amended accordingly, and on or before November 30, 2017, Michael J. Meyer, individually, and on behalf of 148 South Emerson Associates, LLC, shall serve and file an answer to the petition; and it is further,
ORDERED that the branch of the motion by Michael J. Meyer, individually, and on behalf of 148 South Emerson Associates, LLC, which is to dismiss the proceeding is held in abeyance and referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof.
ENG, P.J., RIVERA, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court