Derby v Falk
Motion No: 2021-00203
Slip Opinion No: 2021 NY Slip Op 66153(U)
Decided on May 17, 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

M277110

MB/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2021-00203

Jack E. Derby, appellant,

v Arthur Falk, etc., et al., respondents.

(Index No. 1613/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated August 12, 2020. Separate motions by the respondent Arthur Falk and the respondents Ari Namon and Caremount Medical to dismiss the appeal on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion by the respondent Arthur Falk and the papers filed in relation thereto, and upon the papers filed in support of the motion by the respondents Ari Namon and Caremount Medical and the papers filed in opposition thereto, it is

ORDERED that the motions are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court