| Derby v Falk |
| Motion No: 2021-00203 |
| Slip Opinion No: 2022 NY Slip Op 63309(U) |
| Decided on March 21, 2022 |
| 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
M282000
MB/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
JOSEPH A. ZAYAS
DEBORAH A. DOWLING, 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, which were held in abeyance and referred to the panel of Justices hearing and determining the appeal by decision and order on motion dated May 17, 2021.
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 denied as academic, as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
BARROS, J.P., CHAMBERS, ZAYAS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court