Appellate Division: Second Judicial Department

M282336

MB/

ANGELA G. IANNACCI, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

PAUL WOOTEN, JJ.

2021-02221 Richard Terranova, appellant, v Robert Baselice, et al., defendants, SPEC-U III, LLC, respondent. (Index No. 135899/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated March 16, 2021. Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, and to dismiss the appeal on the ground that the appellant is not aggrieved by the order and because the order denied the appellant's motion which was, in effect, for leave to reargue, the denial of which is not appealable.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order denied the appellant's motion which was, in effect, for leave to reargue, the denial of which is not appealable, 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 motion is otherwise denied.

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

ENTER:

Maria T. Fasulo

Clerk of the Court