| Rodriguez v Kim |
| Motion No: 2019-06524 |
| Slip Opinion No: 2020 NY Slip Op 66405(U) |
| Decided on May 20, 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
M270944
kbp/
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2019-06524 Marysol Rodriguez, et al., appellants, v Helen H. Kim, etc., et al., defendants, Lourdes Esteban, etc., et al., respondents. (Index No. 8411/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, in effect, to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 6, 2019, on the ground that review of the issues to be raised on the appeal is precluded by the dismissal of a prior appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal on the ground that review of the issues to be raised on the appeal is precluded by the dismissal of a prior appeal for failure to timely perfect 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 motion is otherwise denied.
RIVERA, J.P., AUSTIN, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court