| Petrosian v B&A Warehousing, Inc. |
| Motion No: 2020-03114 |
| Slip Opinion No: 2020 NY Slip Op 70020(U) |
| Decided on August 17, 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
M272451
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2020-03114 George Petrosian, et al., respondents, v B & A Warehousing, Inc., et al., appellants, et al., defendant. (Index No. 15209/2012)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated February 3, 2020. Motion by the appellant Aaron Berger, inter alia, for leave to appeal to this Court from the judgment, to vacate the judgment, for an expedited briefing schedule, for a preference in the calendaring of the appeal, and pursuant to CPLR 5523 to direct that the respondents and their counsel be responsible for restitution of property or rights lost by him in the event that the judgment is modified or reversed.
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 the branch of the motion which is for leave to appeal is denied as unnecessary as Aaron Berger may appeal from the judgment as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., CHAMBERS, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court