| Halvatzis v Perrone |
| Motion No: 2018-12659 |
| Slip Opinion No: 2020 NY Slip Op 62065(U) |
| Decided on February 4, 2020 |
| 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
M269287
kbp/
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2018-12659 Anita Halvatzis, appellant, v Joan Perrone, et al., respondents. (Index No. 705905/16)
| DECISION & ORDER ON MOTION |
2019-05255
Anita Halvatzis, appellant,
v Joan Perrone, et al., respondents.
(Index No. 705905/16)
2019-05907
Anita Halvatzis, appellant,
v Joan Perrone, et al., respondents.
(Index No. 703632/18)
Appeals from three orders of the Supreme Court, Queens County, entered October 4, 2018, February 14, 2019, and April 15, 2019, respectively. Motion by the respondents to dismiss the appeal from the order entered February 14, 2019 (Appellate Division Docket Number 2019-05255), on the ground that no appeal lies from an order denying reargument, and on the ground that the record on appeal filed therein is insufficient. Cross motion by the appellant to hear the appeals together.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is dismissed for failure to comply with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.6[c]) and on the ground that Jonathan Silver is not the attorney of record for the appellant on the appeal from the order entered October 4, 2018; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered February 14, 2019, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered February 14, 2019, on the ground that the record is insufficient is denied on condition that on or before March 5, 2020 (Appellate Division Docket Number 2019-05255), the appellant shall serve and file a supplemental record containing all papers and exhibits upon which the order entered February 14, 2019, was founded.
CHAMBERS, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court