LG Funding, LLC v United Senior Properties of Olathe, LLC
Motion No: 2018-09950
Slip Opinion No: 2020 NY Slip Op 70384(U)
Decided on August 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272584

MB/

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

BETSY BARROS, JJ.

2018-09950

LG Funding, LLC, appellant, v United Senior

Properties of Olathe, LLC, etc., et al., respondents.

(Index No. 500056/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 7, 2018, which was determined by decision and order of this Court dated March 11, 2020. Motion by the respondents for leave to reargue the appeal. Separate motion by the appellant, inter alia, for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondents is dismissed on the ground that they do not have standing to seek reargument of the appeal as they did not file a brief on the appeal; and it is further,

ORDERED that the motion by the appellant is denied.

SCHEINKMAN, P.J., HINDS-RADIX, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court