| GHP 79 Newco, LLC v Lerner |
| Motion No: 2022-07431 |
| Slip Opinion No: 2023 NY Slip Op 67975(U) |
| Decided on June 5, 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
M289377
AFA/
COLLEEN D. DUFFY, J.P.
ANGELA G. IANNACCI
LINDA CHRISTOPHER
HELEN VOUTSINAS, JJ.
|
2022-07431 GHP 79 Newco, LLC, respondent, v Jonathan Lerner, et al., appellants. (Index No. 57272/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated August 15, 2022. Motion by the respondent, inter alia, to dismiss the appeal on the ground that no appeal lies from an order denying a motion for reargument. Application by the appellants to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order denying a motion for reargument is granted, the appeal is dismissed, without costs or disbursements, and the motion is otherwise denied; and it is further,
ORDERED that the application is denied as academic.
DUFFY, J.P., IANNACCI, CHRISTOPHER and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court