| Aquila v Rubio |
| Motion No: 2017-00715 |
| Slip Opinion No: 2018 NY Slip Op 60414(U) |
| Decided on January 8, 2018 |
| 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
M244132
E/afa
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2017-00715 Carmine Dell Aquila, appellant, v Thomas Rubio, etc., et al., respondents, et al., defendant. (Index No. 33561/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss stated portions of an appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2016, on the ground that no appeal lies from an order denying reargument.
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 appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that on the Court's own motion, the respondents time to serve and file a brief is enlarged until February 8, 2018, and the respondents brief, if any, shall be served and filed on or before that date.
DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court