| Darby v Utopia Home Care, Inc. |
| Motion No: 2018-10148 |
| Slip Opinion No: 2018 NY Slip Op 91236(U) |
| Decided on December 17, 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
M258323
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2018-10148 Bevolyn Darby, etc., respondent, v Utopia Home Care, Inc., et al., appellants. (Index No. 523239/17)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated August 6, 2018, for leave to reargue their prior motion to stay enforcement of the order pending hearing and determination of the appeal, which was determined by decision and order on motion of this Court dated September 28, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated September 28, 2018. Separate motion by the appellants to stay enforcement of the order dated August 6, 2018, pending determination of their motion.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue or, in the alternative, for leave to appeal to the Court of Appeals is denied; and it is further,
ORDERED that the motion to stay enforcement of the order dated August 6, 2018, pending determination of the motion for leave to reargue or, in the alternative, for leave to appeal to the Court of Appeals is denied as academic.
BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court