| Schmidt v Capone |
| Motion No: 2022-03821 |
| Slip Opinion No: 2023 NY Slip Op 66792(U) |
| Decided on May 12, 2023 |
| 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
M288904
AFA/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
JOSEPH A. ZAYAS
HELEN VOUTSINAS, JJ.
|
2022-03821 John Schmidt, Jr., appellant-respondent, v Barbara M. Capone, etc., et al., respondents- appellants, Arleen Kropf, etc., respondent, et al., defendants. (Index No. 717310/2021)
| DECISION & ORDER ON MOTION |
Appeal and cross appeals from an order of the Supreme Court, Queens County, dated April 25, 2022. Motion by the appellant-respondent for leave to reargue his prior motion to stay enforcement of the order, pending hearing and determination of the appeal and cross appeals, which was determined by decision and order of this Court dated September 2, 2022, as amended by decisions and orders on motion of this Court dated September 9, 2022, and September 19, 2022.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., CHRISTOPHER, ZAYAS and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court