Matter of Serrone v The City of New York
Motion No: 2017-09547
Slip Opinion No: 2017 NY Slip Op 92440(U)
Decided on November 16, 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

M240973

E/afa

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2017-09547

In the Matter of Janice E. Serrone, et al.,

appellants, v The City of New York, et al.,

respondents.

(Index No. 17214/12)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered August 17, 2017. Cross motion by the respondent to dismiss the appeal from so much of the order as denied that branch of a motion by the appellants which was for leave to renew, on the ground that the subject branch of the motion was, in effect, for leave to reargue, the denial of which is not appealable.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court