Taunton Metals of Florida, Inc. v Solutions in Stainless, Inc.
Motion No: 2020-05471
Slip Opinion No: 2021 NY Slip Op 61585(U)
Decided on February 10, 2021
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

M275200

E/sl

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2020-05471

Taunton Metals of Florida Inc., etc., appellant,

v Solutions in Stainless, Inc., etc., et al., respondents.

(Matter No. 1)

In the Matter of Taunton Metals of Florida Inc.,

appellant, v Daniel Katzman, et al., respondents.

(Matter No. 2)

(Index No. 32284/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated June 15, 2020. Motion by the respondents to dismiss the appeal on the ground that the dismissal of prior appeals for failure to timely perfect precludes consideration of the issues to be 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.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court