| Zohar v LaRock |
| Motion No: 2016-11211 |
| Slip Opinion No: 2018 NY Slip Op 71681(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
M249338
E/afa
SHERI S. ROMAN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2016-11211, 2017-05391, 2017-07932 Gil Zohar, respondent-appellant, v Allen L. LaRock, et al., appellants-respondents. (Index No. 14826/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on appeals from three orders of the Supreme Court, Nassau County, entered June 20, 2016, July 27, 2016, and March 30, 2017, respectively, and a cross appeal from the order entered June 20, 2016, to dismiss the appeal from the order entered June 20, 2016, as superseded by the order entered July 27, 2016, to dismiss the appeal from the order entered July 27, 2016, as untimely taken, and to dismiss the appeal from the order entered March 30, 2017, on the ground that no appeal lies from an order denying reargument, and to enlarge the time to serve and file a brief. Cross motion by the appellants-respondents for leave to appeal from the orders and pursuant to CPLR 2001 to deem the order entered March 30, 2017, to be an order denying a motion to vacate the two prior orders.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeals from the orders entered June 20, 2016, and March 30, 2017, are held in abeyance and referred to the panel of Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered July 27, 2016, is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent-appellant's time to serve and file a brief is granted, the respondent-appellant to serve and file his answering brief, including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until May 29, 2018, and the respondent-appellant 's brief shall be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court