| Stalco Realty of St. James, LLC v 797 Middle Country Road, LLC |
| Motion No: 2019-07109 |
| Slip Opinion No: 2020 NY Slip Op 68222(U) |
| Decided on July 6, 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
M271693
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2019-07109 Stalco Realty of St. James, LLC, respondent, v 797 Middle Country Road, LLC, appellant, et al., defendant. (Index No. 620277/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated May 1, 2019. Motion by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument and no appeal lies from requests for relief that remain pending and undecided (see Toefer v Long Island Rail Road, 308 AD2d 579, 581-582; Katz v Katz, 68 AD2d 536, 543-544); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court