| Caerus Terra Properties, LLC v Sulton |
| Motion No: 2018-09614 |
| Slip Opinion No: 2019 NY Slip Op 76052(U) |
| Decided on July 25, 2019 |
| 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
M264759
E/sl
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
HECTOR D. LASALLE, JJ.
|
2018-09614 Caerus Terra Properties, LLC, respondent, v Andre Sulton, appellant, et al., defendants. (Index No. 2842/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to renew its prior motion to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 10, 2018, on the ground that the appellant waived his right to appeal by accepting the benefits of the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
AUSTIN, J.P., LEVENTHAL, ROMAN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court