| Skerrett v City of New York |
| Motion No: 2016-04690 |
| Slip Opinion No: 2018 NY Slip Op 85212(U) |
| Decided on October 3, 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
M256077
E/rr
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-04690, 2016-12825 Richard Skerrett, appellant, v City of New York, defendant-respondent; LIC Site B2 Owner, LLC, nonparty-respondent. (Index No. 8446/13)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent on appeals from two orders of the Supreme Court, Queens County, entered June 23, 2015, and June 2, 2016, respectively, inter alia, to dismiss the appeal from the order entered June 2, 2016, on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated March 17, 2017, the branch of the motion which was to dismiss the appeal from the order entered June 2, 2016, on the ground that no appeal lies from an order denying reargument was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and the motion was otherwise denied. By decision and order on application of this Court dated October 2, 2018, the appeals were deemed withdrawn.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered June 2, 2016, on the ground that no appeal lies from an order denying reargument is denied as academic.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court