| Leiner v Estate of Hauser |
| Motion No: 2018-04958 |
| Slip Opinion No: 2018 NY Slip Op 79845(U) |
| Decided on August 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
M253767
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2018-04958 Sol Leiner, appellant, v Estate of Noel Hauser, respondent. (Index No. 2349/15)
| DECISION & ORDER ON MOTION |
2018-06635
Sol Leiner, appellant,
v Estate of Noel Hauser, respondent.
(Index No. 2349/15)
Motion by the respondent, inter alia, to dismiss appeals from an order of the Supreme Court, Kings County, dated January 25, 2018, and a judgment of the same court dated March 30, 2018, on the ground that the dismissal of a prior appeal precludes consideration of the issues to be raised on these appeals pursuant to Bray v Cox (38 NY2d 350), for an award of costs and an attorney's fee, and to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court