| McLean v Heller & Heller Attorneys at Law |
| Motion No: 2021-09457 |
| Slip Opinion No: 2022 NY Slip Op 63749(U) |
| Decided on March 30, 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
M282180
MB/
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
JOSEPH J. MALTESE
LARA J. GENOVESI, JJ.
|
2021-09457 Allan McLean, respondent, v Heller & Heller Attorneys at Law, defendant, Mark Jay Heller, et al., appellants. (Index No. 55923/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated December 7, 2021. Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Cross motion by the respondent to dismiss the appeal on the ground that it is meritless and on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to stay all proceedings is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from so much of the order on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the cross motion is otherwise denied.
DILLON, J.P., DUFFY, MALTESE and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court