| 255 Butler Associates, LLC v 255 Butler, LLC |
| Motion No: 2019-03306 |
| Slip Opinion No: 2023 NY Slip Op 75686(U) |
| Decided on October 25, 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
M291807
AFA/
MARK C. DILLON, J.P.
FRANCESCA E. CONNOLLY
JOSEPH J. MALTESE
DEBORAH A. DOWLING, JJ.
|
2019-03306 255 Butler Associates, LLC, appellant, v 255 Butler, LLC, et al., respondents. (Index No. 511560/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated February 14, 2019, which was determined by decision and order of this Court dated August 31, 2022. Motion by the respondent 255 Butler, LLC, for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Motion by the appellant to strike the reply papers submitted in support of the motion for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals on the ground that they contain matter dehors the record.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent 255 Butler, LLC, is denied, with $100 costs; and it is further,
ORDERED that the motion by the appellant is denied.
DILLON, J.P., CONNOLLY, MALTESE and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court