| Davis v County of Suffolk |
| Motion No: 2018-01543 |
| Slip Opinion No: 2018 NY Slip Op 71616(U) |
| Decided on April 27, 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
M249096
E/afa
CHERYL E. CHAMBERS, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2018-01543, 2018-01546 Stanley Davis, Sr., appellant, v County of Suffolk, et al., respondents, et al., defendant. (Index No. 20210/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents Extra Space Storage, Inc., and Extra Space Northern Two, LLC, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 20, 2017, as untimely taken and to dismiss an appeal from an order of the same court dated November 6, 2017, on the ground that no appeal lies from an order denying reargument. Separate motion by the appellant pro se, inter alia, for leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion by the respondents Extra Space Storage, Inc., and Extra Space Northern Two, LLC, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondents Extra Space Storage, Inc., and Extra Space Northern Two, LLC, which is to dismiss the appeal from the order dated January 20, 2017, is granted to the extent that the appeal from the order dated January 20, 2017, is dismissed insofar as taken against the respondents Extra Space Storage, Inc., and Extra Space Northern Two, LLC, without costs or disbursements, and that branch of the motion is otherwise denied (see CPLR 5513[a]; Maddox v City of New York, 104 AD2d 430); and it is further,
ORDERED that the branch of the motion by the respondents Extra Space Storage, Inc., and Extra Space Northern Two, LLC, which is to dismiss the appeal from the order dated November 6, 2017, is granted and the appeal from the order dated November 6, 2017, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the appellant's motion is denied.
CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court