| Vallejo v Uzzi |
| Motion No: 2020-01098 |
| Slip Opinion No: 2020 NY Slip Op 70135(U) |
| Decided on August 19, 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
M272182
E/sl
MARK C. DILLON, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2020-01098 Xavier Vallejo, appellant, v Ralph Uzzi, et al., respondents. (Index No. 60400/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Westchester County, dated January 15, 2020. Motion by the respondent Mario Vallejo, inter alia, to dismiss the appeal on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of issues raised on this appeal pursuant to Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., MILLER, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court