Highview At Huntington Owners Corp. v Marina C. John-lewis
Motion No: 2017-01779 SC
Slip Opinion No: 2019 NY Slip Op 86554(U)
Decided on December 10, 2019
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

JERRY GARGUILO, J.P.

BRUCE E. TOLBERT

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

2017-1779 S C
Highview at Huntington Owners Corp., Respondent, v Marina C. John-Lewis, Appellant, et al., Undertenants.

Motion by appellant for leave to reargue an appeal from a final judgment of the District Court of Suffolk County, Third District, entered September 13, 2017, which was determined by decision and order of this court dated May 23, 2019, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by respondent to strike appellant's motion. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion. Separate motion by appellant for a stay pending the determination of all of her motions in this court pertaining to the September 13, 2017 final judgment.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that appellant's motions and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motion for an enlargement of time to serve and file opposition papers is granted and the opposition papers are deemed timely served and filed; and it is further,

ORDERED that respondent's motion to strike appellant's motion for leave to reargue or, in the alternative, for leave to appeal to the Appellate Division is denied; and it is further,

ORDERED that appellant's motion for leave to reargue or, in the alternative, for leave to appeal to the Appellate Division is denied; and it is further,

ORDERED that appellant's motion for a stay is denied as moot.

ENTER:

Paul Kenny

Chief Clerk