| DiLorenzo v DiLorenzo |
| Motion No: 2016-06256 |
| Slip Opinion No: 2018 NY Slip Op 91608(U) |
| Decided on December 24, 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
M258564
E/sl
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-06256, 2016-11731 Estate of Donald Dilorenzo, respondent, v Deborah Dilorenzo, appellant. (Index No. 3291/14)
| DECISION & ORDER ON MOTION |
Cross motion by the respondent on appeals from two orders of the Supreme Court, Kings County, entered March 11, 2017, and September 21, 2016, respectively, inter alia, to dismiss the appeal from the order entered September 21, 2016, on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated April 7, 2017, the branch of the respondent's cross motion which was to dismiss the appeal from the order entered September 21, 2016, was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof. The appeals were deemed withdrawn by decision and order on application of this Court dated December 26, 2017.
Upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order entered September 21, 2016, is denied as academic.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court